Friday, May 29, 2015

SIXTY-SECOND DAY

(Friday, May 29, 2015)

The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Bettencourt, Birdwell, Burton, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Garcia, Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

The President announced that a quorum of the Senate was present.

The Reverend Juan Sanchez, High Pointe Baptist Church, Austin, offered the invocation as follows:

All-wise God, Your judgments are unsearchable and Your ways inscrutable. (Romans 11:33) For from You and through You and to You are all things. To You be all glory forever. (Romans 11:36) We thank You that in Your wisdom You appointed these men and women to serve in the 84th Texas Legislature in order that all Texans, regardless of our differences, may live together in a just and peaceful society. (Romans 13:1-7; 1 Peter 2:13-14) We ask, O wise God, that You would bless this last day of the regular session of this Senate. May the men and women of this Chamber be encouraged by the work they have accomplished, and may they look forward to sweet reunions with family and friends as they return home. May You also grant much grace so that at the end of this day these men and women may part as colleagues who respect and honor one another, though they may disagree on various and even important issues. For we can all agree that all in this Chamber share a common love for the people of this state and long to see us flourish. We also ask, on behalf of all who have been affected by the recent flooding, spare life and property, O God, and show Your kindness. Now, great God, we ask that when this session concludes that You may grant these Senators favor as they return home to pursue other endeavors. In the name of Jesus Christ, I pray. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

PHYSICIAN OF THE DAY

Senator Birdwell was recognized and presented Dr. Clayton Roberts of Glen Rose as the Physician of the Day.

The Senate welcomed Dr. Roberts and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

GUESTS PRESENTED

Senator Whitmire was recognized and introduced to the Senate a Boy Scout Troop 30 delegation.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Zaffirini, joined by Senators Garcia, Rodríguez, Uresti, Watson, Seliger, and Ellis, was recognized and introduced to the Senate a Hispanic Alliance for the Performing Arts delegation: Joe Long, Board President Monica Peraza, Board Chair Teresa Long, Interim Executive Director Diana Resnik, and Board Member Elias Hermida.

The Senate welcomed its guests.

GUEST PRESENTED

Senator Menéndez was recognized and introduced to the Senate his office intern, John Reddinger.

The Senate welcomed its guest.

BILLS AND RESOLUTIONS SIGNED

The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:

HB 168, HB 207, HB 229, HB 257, HB 262, HB 307, HB 326, HB 480, HB 504, HB 518, HB 634, HB 644, HB 710, HB 771, HB 790, HB 825, HB 884, HB 905, HB 906, HB 1015, HB 1026, HB 1038, HB 1074, HB 1083, HB 1128, HB 1237, HB 1277, HB 1278, HB 1286, HB 1287, HB 1329, HB 1337, HB 1360, HB 1394, HB 1431, HB 1449, HB 1455, HB 1514, HB 1535, HB 1549, HB 1551, HB 1595, HB 1617, HB 1628, HB 1640, HB 1661, HB 1670, HB 1702, HB 1733, HB 1781, HB 1793, HB 1807, HB 1846, HB 1855, HB 1879, HB 1908, HB 1914, HB 1924, HB 2031, HB 2055, HB 2063, HB 2067, HB 2108, HB 2121, HB 2134, HB 2232, HB 2251, HB 2290, HB 2299, HB 2300, HB 2313, HB 2372, HB 2390, HB 2407, HB 2472, HB 2499, HB 2528, HB 2547, HB 2549, HB 2558, HB 2589, HB 2598, HB 2629, HB 2634, HB 2646, HB 2647, HB 2655, HB 2660, HB 2680, HB 2706, HB 2763, HB 2775, HB 2827, HB 2828, HB 2851, HB 2945, HB 2946, HB 3002, HB 3074, HB 3092, HB 3264, HB 3283, HB 3316, HB 3357, HB 3373, HB 3374, HB 3404, HB 3438, HB 3439, HB 3517, HB 3547, HB 3595, HB 3629, HB 3685, HB 3707, HB 3710, HB 3748, HB 3772, HB 3982, HB 4030, HB 4046, HB 4133, HB 4134, HB 4148, HB 4174, HB 4183, HB 4199, HB 4207, HCR 35, HCR 46, HCR 62, HCR 76, HCR 77, HCR 81, HCR 85, HCR 93, HCR 94, HCR 130.

MOTION IN WRITING

Senator Campbell offered the following Motion In Writing:

Mr. President:

I move that the Senate grant the request of the House and return HB 3405 to the House for further consideration.

CAMPBELL

The Motion In Writing was read and prevailed without objection.

REPORT OF COMMITTEE ON NOMINATIONS

Senator Birdwell submitted the following report from the Committee on Nominations:

We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed:

Judge, 165th Judicial District Court, Harris County: Debra Ibarra Mayfield, Harris County.

Presiding Officer, Board of Directors, Alamo Regional Mobility Authority: John Glenn Clamp, Bexar County.

Members, Board of Pardons and Paroles: Federico Rangel, Walker County; Lionel F. Solis, Bexar County.

Member, Oversight Committee, Cancer Prevention and Research Institute of Texas: Donald R. Margo, El Paso County.

Member, Commission on State Emergency Communications: Rodolfo Madrid, Kleberg County.

Members, Correctional Managed Health Care Committee: Harold Karl Berenzweig, Tarrant County; Margarita de la Garza-Grahm, Smith County; Mary Annette Gary, Lubbock County; Elizabeth Anne Linder, Lubbock County; Edward John Sherwood, Travis County.

Members, Governing Board, Office of Violent Sex Offender Management: Roberto Dominguez, Hidalgo County; Elizabeth Christina Jack, Tarrant County; Kathryn Elaine McClure, Harris County.

Members, Governing Board, Texas Indigent Defense Commission: Jon H. Burrows, Bell County; Olen U. Underwood, Montgomery County; Benny Glen Whitley, Tarrant County.

Presiding Officer, Board of Directors, Grayson County Regional Mobility Authority: Will Rich Hubbard, Grayson County.

Presiding Officer, Board of Directors, Hidalgo County Regional Mobility Authority: Rance G. Sweeten, Hidalgo County.

Members, Board of Directors, Lower Colorado River Authority: Lori Alice Berger, Fayette County; Joseph Michael Crane, Matagorda County; Charles Barton Johnson, Brown County; George W. Russell, Burnet County; Martha Leigh Miller Whitten, San Saba County.

Presiding Officer, Board of Directors, North East Texas Regional Mobility Authority: Linda Ryan Thomas, Gregg County.

Members, Board of Directors, Red River Authority of Texas: Cary Cole Camp, Randall County; Penny Cogdell Carpenter, Briscoe County; Stephen Alan Thornhill, Grayson County.

Commissioner, Rio Grande Compact Commission: Patrick R. Gordon, El Paso County.

Member, Board of Directors, Rio Grande Regional Water Authority: Arturo Cabello, Cameron County.

Member, Sabine River Compact Administration: Michael Harold Lewis, Newton County.

Member, State Cemetery Committee: Benjamin Michael Hanson, Travis County.

Member, State Pension Review Board: Keith Wallis Brainard, Williamson County.

Member, State Preservation Board: Iris Hudson Moore, Tarrant County.

Members, Texas Appraiser Licensing and Certification Board: Jesus Barba, Hidalgo County; Patrick Michael Carlson, Travis County; Laurie Carden Fontana, Harris County; James J. Jeffries, Williamson County; Brian Lawrence Padden, Travis County.

Member, Texas Higher Education Coordinating Board: Syed Javaid Anwar, Midland County.

Members, Texas Historical Commission: Anna Benavides Galo, Webb County; Wallace Bernard Jefferson, Travis County; John Liston Nau, Harris County.

Members, Texas Military Preparedness Commission: Anna Arredondo Chapman, Val Verde County; Connie Wood Scott, Nueces County; William L. Shine, Bell County.

Members, Texas Optometry Board: Ronald Lee Hopping, Galveston County; Carey Aston Patrick, Collin County; Rene Daniel Peña, El Paso County.

Members, Board of Directors, Texas School Safety Center: Dewey Michael Cox, Hays County; Garry Edward Eoff, Brown County; Evan Gonzales, Lee County; Daniel Riley Griffith, Travis County; Dawn DuBose Randle, Harris County.

Presiding Officer, Board of Directors, Webb County-City of Laredo Regional Mobility Authority: Ruben Soto, Webb County.

NOTICE OF CONSIDERATION OF NOMINATIONS

Senator Birdwell gave notice that he would tomorrow submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.

SENATE RESOLUTION 1019

Senator Nelson offered the following resolution:

SR 1019, Suspending limitations on conference committee jurisdiction on HB 1.

The resolution was read and was adopted by the following vote: Yeas 31, Nays 0.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1 ADOPTED

Senator Nelson called from the President's table the Conference Committee Report on HB 1. The Conference Committee Report was filed with the Senate on Tuesday, May 26, 2015.

On motion of Senator Nelson, the Conference Committee Report was adopted by the following vote: Yeas 30, Nays 1.

Nays: Garcia.

REASON FOR VOTE

Senator Rodríguez submitted the following reason for vote on the Conference Committee Report on HB 1:

As members of the Texas Legislature, passing a budget is our one basic responsibility. I take that responsibility very, very seriously.

In 2011, I voted against the budget because of the draconian cuts made to education and health and human services. It turned out that these cuts weren't necessary because they were the result of flawed revenue projections.

Like last session, this session, we have the means to make up lost ground, pay down on our debts, and invest in our future.

We are blessed with abundance, but we have a lot of work to do to build upon our natural and human resources and to maintain and increase our global competitiveness.

Unfortunately, we have passed up another opportunity to do so, and while I voted for this budget, I do so with deep misgivings. I believe in the process, and in something that is bigger than our current partisan divides -- the institution of the Legislature, and the democratic system it represents.

It would take something draconian, as in 2011, to compel me to vote against the budget, which we must pass to keep the government moving. It is, in fact, the only bill we absolutely have to pass.

Significantly, we did not do enough for education. And we took money for this need, and threw it at what I consider a misguided want, the expansion of DPS in both size and scope.

We also failed, once again, to ensure greater access to health care, whether through expansion of traditional Medicaid, a private insurance exchange like the "Texas Way," or a Section 1332 waiver. With over five million Texans still uninsured and uncompensated care costs totaling several billion dollars every year, it is incumbent upon state legislators to find a solution.

With respect to education, I appreciate that there is $1.5 billion dollars in new funding to the Foundation School Program, but I am disappointed that we are still very much operating under an unconstitutional school finance system.

We did not even attempt to address the issues addressed by Judge Dietz. There were major areas of need that the Court ordered the Legislature to address. We did not address the equity inefficiencies or the funding weights for compensation education or for bilingual education.

I had a bill that only addressed the weight to fund bilingual education at about half of what the studies say is needed, and the fiscal note was close to $1.5 billion. Judge Dietz has said that Texas has buried its head in the sand by not addressing the weights for ELL and low-income students for over three decades. Every year we ignore it, the situation gets worse. So I appreciate we put a little bit of money into pre-k and into the basic allotment, but we are not funding the greatest need nor are we meeting our constitutional requirements and that is a missed opportunity because we had the money to do it this session.

On border enforcement, I keep hearing the federal government isn't doing its job, that the burden has been placed on the state. This is simply untrue.

The available data tells us that border communities have lower crime rates and are safer than the state as a whole; unauthorized crossings began dropping well before the state intervened in border control and law enforcement efforts, for which the federal government and local police agencies are primarily responsible, and have done a great job; and it has been well-documented that the state cannot account for whether, or how much, the nearly $1 billion dollars we have spent so far has impacted border activity.

But let's put the facts aside, and talk about the budget.

State general revenue funding for DPS has grown immensely from $239 million in 2010-11 to an estimated $648 million in 2014-15 and about $1.935 billion in general revenue funds this cycle.

State leadership is not acknowledging that the federal government spends about $18 billion a year on border enforcement overall. Even more to the point, federal funding provided to DPS grew from $99 million in 2000 to a high of $1.64 billion in 2010-11, before dropping to about $538 million in this budget, according to documents from the Legislative Budget Board.

While the amount of federal funding isn't broken down by category of use, at least some of it presumably has been used for DPS' "border security" efforts, which illustrates the irony of claims by this body that the state is shouldering the burden. It's also pretty brazen to take the money with one hand, and with the other, claim that we're out of pocket and should be paid back.

As for the state spending, I must point out that this is precious discretionary funding we are pouring into something we just don't need.

A few years down the line, when we're still footing this bill, and we're faced with other serious needs, I believe we'll look back and wish we had resisted going down this path. In addition, I worry that these new commitments will tie the hands of future legislators who might not have the discretion to redirect the funding to where it's needed.

So why, besides my inclination to support the legislative process and vote for the budget except in extreme circumstances, am I voting for this budget?

For one thing, I support the spending on infrastructure. While I hope that in the future, we will fund different modes of transit and not rely simply on building roads, this budget does take steps to strengthen our transportation infrastructure. We are also following up on the public vote to support water infrastructure. We are funding much-needed construction and research at our universities. We are maintaining our state employee retirement system, and we are investing in our aging facilities. We continue to invest in mental health services, and we're finally investing in our spectacular state parks.

For these reasons, I am grateful for the opportunity to vote for this budget, and for the honor of serving in the Texas Senate.

RODRÍGUEZ

REMARKS ORDERED PRINTED

On motion of Senator Nichols and by unanimous consent, the remarks by Senators Nelson and Nichols regarding HB 1 were ordered reduced to writing and printed in the Senate Journal as follows:

Senator Nichols: Thank you. Madame Chairman, I want to commend you and Senator Schwertner and everybody else on Finance Committee for the great work you've done, particularly on Article II, in crafting the budget. I'd like to talk with you for a moment about our state's mental health infrastructure and ask some questions. Are you aware that Northeast Texas has the lowest rate of mental health providers in the state, as well as the highest suicide rate?

Senator Nelson: Sadly, yes, I am aware of that.

Senator Nichols: Yeah. We are a growing state and we've got to have a mental health infrastructure that keeps pace. I believe there's a tremendous opportunity for our state mental hospitals and health science centers to partner together. When we look at what our health-related institutions do, both our medical schools and our state hospitals, it makes sense to see how directing them to work together can improve both access and quality of care while building our mental health workforce at the same time. Would you agree?

Senator Nelson: Absolutely, and your area is getting ready to provide a real opportunity to do that.

Senator Nichols: You know, and I also think, share my frustration with some of the approaches the Health and Human Services Commission has taken regarding our state hospitals recently, so let me ask you this, does this budget, in any way, direct the agency to consider the private operation of a state mental hospital?

Senator Nelson: No.

Senator Nichols: If the agency were to pursue privatization, would you say that they would be in violation of the Legislature's intent?

Senator Nelson: It would be.

Senator Nichols: I think we're laying the groundwork for a new path forward in this budget. The first rider I'd like to ask you about is Rider Number 6 for The University of Texas Health Science at Tyler. It directs a school to support mental health workforce training programs in underserved areas in Northeast Texas, including specifically Rusk State Hospital. That rider requires a report on the administrative legal financial considerations, as well as a timeline for transition progress report on the expansion of efforts to increase academic partnerships. There's a second rider within the Department of Health Science bill pattern that works with the first one related to Rusk State Hospital. You're aware of that one?

Senator Nelson: I sure am.

Senator Nichols: That rider directs the Department of State Health Services to submit a proposal for project planning, development of construction plans, site preparation and related activity to support and the construction of the mental health facilities to replace the current facility at Rusk. So, while we create residency and training programs at UT Health Science Center, we're going to need some infrastructure in place at Rusk State Hospital, support the existing future workforce at Rusk. UT Health Science Center Tyler will need a presence at the Rusk State Hospital in Rusk to manage and supervise these programs. Would you not say that that is correct?

Senator Nelson: I would say that's correct.

Senator Nichols: Rusk State Hospital has several hundred acres of land, so it only makes sense for that additional infrastructure UT Health Science Center might need to facilitate residency and training programs to be sited on that property that Rusk State Hospital currently owns, wouldn't you say so?

Senator Nelson: Yes, Sir.

Senator Nichols: So, when the rider says, and I quote, to support the future construction of mental health hospital facilities to replace the current facility at Rusk State Hospital, it is your clear understanding and intent that that replacement facility be on the Rusk campus?

Senator Nelson: Yes.

Senator Nichols: If there is any need for memorandums of understanding, interagency agreements or leases, would you say we are directing those agencies to do so related to this property? Would that be correct?

Senator Nelson: Yes. I bet you're going to ask this all to be entered into writing, in the records and all that.

Senator Nichols: I think you're guessing really well. Thank you, Madame Chair, and, Mr. President, I would ask that my exchange with Senator Nelson be reduced to writing and entered into the Senate Journal. Thank you.

SENATE JOINT RESOLUTION 1 WITH HOUSE AMENDMENTS

Senator Nelson called SJR 1 from the President's table for consideration of the House amendments to the resolution.

The President laid the resolution and the House amendments before the Senate.

Amendment

Amend SJR 1 by substituting in lieu thereof the following:

A JOINT RESOLUTION

proposing a constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes and providing for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for those purposes on the homestead of an elderly or disabled person to reflect the increased exemption amount.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 1-b(c) and (d), Article VIII, Texas Constitution, are amended to read as follows:

(c) The amount of $25,000 [~~Fifteen Thousand Dollars ($15,000)~~] of the market value of the residence homestead of a married or unmarried adult, including one living alone, is exempt from ad valorem taxation for general elementary and secondary public school purposes. The legislature by general law may provide that all or part of the exemption does not apply to a district or political subdivision that imposes ad valorem taxes for public education purposes but is not the principal school district providing general elementary and secondary public education throughout its territory. In addition to this exemption, the legislature by general law may exempt an amount not to exceed [~~Ten Thousand Dollars (~~] $10,000[)] of the market value of the residence homestead of a person who is disabled as defined in Subsection (b) of this section and of a person [~~sixty-five (~~] 65[)] years of age or older from ad valorem taxation for general elementary and secondary public school purposes. The legislature by general law may base the amount of and condition eligibility for the additional exemption authorized by this subsection for disabled persons and for persons [~~sixty-five (~~] 65[)] years of age or older on economic need. An eligible disabled person who is [~~sixty-five (~~] 65[)] years of age or older may not receive both exemptions from a school district but may choose either. An eligible person is entitled to receive both the exemption required by this subsection for all residence homesteads and any exemption adopted pursuant to Subsection (b) of this section, but the legislature shall provide by general law whether an eligible disabled or elderly person may receive both the additional exemption for the elderly and disabled authorized by this subsection and any exemption for the elderly or disabled adopted pursuant to Subsection (b) of this section. Where ad valorem tax has previously been pledged for the payment of debt, the taxing officers of a school district may continue to levy and collect the tax against the value of homesteads exempted under this subsection until the debt is discharged if the cessation of the levy would impair the obligation of the contract by which the debt was created. The legislature shall provide for formulas to protect school districts against all or part of the revenue loss incurred by the implementation of this subsection, Subsection (d) of this section, and Section 1-d-1 of this article [~~Article VIII, Sections 1-b(c), 1-b(d), and 1-d-1, of this constitution~~]. The legislature by general law may define residence homestead for purposes of this section.

(d) Except as otherwise provided by this subsection, if a person receives a residence homestead exemption prescribed by Subsection (c) of this section for homesteads of persons who are [~~sixty-five (~~] 65[)] years of age or older or who are disabled, the total amount of ad valorem taxes imposed on that homestead for general elementary and secondary public school purposes may not be increased while it remains the residence homestead of that person or that person's spouse who receives the exemption. If a person [~~sixty-five (~~] 65[)] years of age or older dies in a year in which the person received the exemption, the total amount of ad valorem taxes imposed on the homestead for general elementary and secondary public school purposes may not be increased while it remains the residence homestead of that person's surviving spouse if the spouse is [~~fifty-five (~~] 55[)] years of age or older at the time of the person's death, subject to any exceptions provided by general law. The legislature, by general law, may provide for the transfer of all or a proportionate amount of a limitation provided by this subsection for a person who qualifies for the limitation and establishes a different residence homestead. However, taxes otherwise limited by this subsection may be increased to the extent the value of the homestead is increased by improvements other than repairs or improvements made to comply with governmental requirements and except as may be consistent with the transfer of a limitation under this subsection. For a residence homestead subject to the limitation provided by this subsection in the 1996 tax year or an earlier tax year, the legislature shall provide for a reduction in the amount of the limitation for the 1997 tax year and subsequent tax years in an amount equal to $10,000 multiplied by the 1997 tax rate for general elementary and secondary public school purposes applicable to the residence homestead. For a residence homestead subject to the limitation provided by this subsection in the 2014 tax year or an earlier tax year, the legislature shall provide for a reduction in the amount of the limitation for the 2015 tax year and subsequent tax years in an amount equal to $10,000 multiplied by the 2015 tax rate for general elementary and secondary public school purposes applicable to the residence homestead.

SECTION 2. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015.

(b) The amendments to Sections 1-b(c) and (d), Article VIII, of this constitution take effect for the tax year beginning January 1, 2015.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2015. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes from $15,000 to $25,000 and providing for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for those purposes on the homestead of an elderly or disabled person to reflect the increased exemption amount."

Floor Amendment No. 1

Amend CSSJR 1 (house committee printing) as follows:

(1) On page 1, line 8, strike "1-b(c) and (d)" and substitute "1-b(c), (d), and (e)".

(2) On page 4, between lines 9 and 10, insert the following:

(e) The governing body of a political subdivision, other than a county education district, may exempt from ad valorem taxation a percentage of the market value of the residence homestead of a married or unmarried adult, including one living alone. In the manner provided by law, the voters of a county education district at an election held for that purpose may exempt from ad valorem taxation a percentage of the market value of the residence homestead of a married or unmarried adult, including one living alone. The percentage may not exceed twenty percent. However, the amount of an exemption authorized pursuant to this subsection may not be less than [~~Five Thousand Dollars (~~]$5,000[)] unless the legislature by general law prescribes other monetary restrictions on the amount of the exemption. The legislature by general law may prohibit the governing body of a political subdivision that adopts an exemption under this subsection from reducing the amount of or repealing the exemption. An eligible adult is entitled to receive other applicable exemptions provided by law. Where ad valorem tax has previously been pledged for the payment of debt, the governing body of a political subdivision may continue to levy and collect the tax against the value of the homesteads exempted under this subsection until the debt is discharged if the cessation of the levy would impair the obligation of the contract by which the debt was created. The legislature by general law may prescribe procedures for the administration of residence homestead exemptions.

(3) Insert the following appropriately numbered SECTION and renumber the subsequent SECTIONS of the joint resolution accordingly:

SECTION ____. Article VIII, Texas Constitution, is amended by adding Section 29 to read as follows:

Sec. 29. (a) After January 1, 2016, no law may be enacted that imposes a transfer tax on a transaction that conveys fee simple title to real property.

(b) This section does not prohibit:

(1) the imposition of a general business tax measured by business activity;

(2) the imposition of a tax on the production of minerals;

(3) the imposition of a tax on the issuance of title insurance; or

(4) the change of a rate of a tax in existence on January 1, 2016.

(4) On page 4, line 15, strike "1-b(c) and (d)" and substitute "1-b(c), (d), and (e)".

(5) On page 4, line 24, strike "$25,000 and" and substitute "$25,000,".

(6) On page 5, line 1, between "amount" and the period, insert ", authorizing the legislature to prohibit a political subdivision that has adopted an optional residence homestead exemption from ad valorem taxation from reducing the amount of or repealing the exemption, and prohibiting the enactment of a law that imposes a transfer tax on a transaction that conveys fee simple title to real property".

The amendments were read.

Senator Nelson moved to concur in the House amendments to SJR 1.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Yeas: Bettencourt, Birdwell, Burton, Campbell, Creighton, Estes, Fraser, Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, Zaffirini.

Nays: Ellis, Eltife, Garcia, Rodríguez, West, Whitmire.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1 ADOPTED

Senator Nelson called from the President's table the Conference Committee Report on SB 1. The Conference Committee Report was filed with the Senate on Thursday, May 28, 2015.

On motion of Senator Nelson, the Conference Committee Report was adopted by the following vote: Yeas 25, Nays 6.

Nays: Ellis, Eltife, Garcia, Rodríguez, West, Whitmire.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 751 ADOPTED

Senator Kolkhorst called from the President's table the Conference Committee Report on HB 751. The Conference Committee Report was filed with the Senate on Wednesday, May 20, 2015.

On motion of Senator Kolkhorst, the Conference Committee Report was adopted by the following vote: Yeas 31, Nays 0.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1378 ADOPTED

Senator Bettencourt called from the President's table the Conference Committee Report on HB 1378. The Conference Committee Report was filed with the Senate on Monday, May 25, 2015.

On motion of Senator Bettencourt, the Conference Committee Report was adopted by the following vote: Yeas 31, Nays 0.

SENATE RESOLUTION 987

Senator V. Taylor offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 84th Legislature, Regular Session, 2015, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on House Bill 923 (the issuance of 36th Infantry Division specialty license plates and souvenir license plates) to consider and take action on the following matter:

Senate Rule 12.03(4) is suspended to permit the committee to add text on a matter which is not included in either the house or senate version of the bill by adding the following text to SECTION 1 of the bill, in added Section 504.009(a-1), Transportation Code:

Texas Military Department, as defined by Section 437.001, Government Code,

Explanation: This addition is necessary to authorize the Texas Military Department to issue a souvenir version of the 36th Infantry Division specialty license plate.

SR 987 was read and was adopted by the following vote: Yeas 31, Nays 0.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 923 ADOPTED

Senator V. Taylor called from the President's table the Conference Committee Report on HB 923. The Conference Committee Report was filed with the Senate on Monday, May 25, 2015.

On motion of Senator V. Taylor, the Conference Committee Report was adopted by the following vote: Yeas 31, Nays 0.

MESSAGES FROM THE GOVERNOR

The following Messages from the Governor were read and were referred to the Committee on Nominations:

May 29, 2015

Austin, Texas

TO THE SENATE OF THE EIGHTY-FOURTH LEGISLATURE, REGULAR SESSION:

On January 15, 2015, former Governor Rick Perry submitted the name of John W. Townes, III for appointment to the Texas Lottery Commission for a term to expire February 1, 2019.

Because he resigned, I hereby withdraw his nomination and request that the Senate return the appointment to me.

On January 15, 2015, former Governor Rick Perry submitted the name of Jodie G. Baggett for appointment to the Texas Lottery Commission for a term to expire February 1, 2017.

Because she resigned, I hereby withdraw her nomination and request that the Senate return the appointment to me.

On January 15, 2015, former Governor Rick Perry submitted the name of Mary Ann Williamson for appointment to the Texas Lottery Commission for a term to expire February 1, 2017.

Because she resigned, I hereby withdraw her nomination and request that the Senate return the appointment to me.

On January 15, 2015, former Governor Rick Perry submitted the name of Amy L. Trost for appointment to the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments for a term to expire December 31, 2019.

Because she resigned, I hereby withdraw her nomination and request that the Senate return the appointment to me.

Respectfully submitted,

/s/Greg Abbott

Governor

SENATE BILL 1336 WITH HOUSE AMENDMENTS
(Motion In Writing)

Senator Perry called SB 1336 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1336 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties, the construction of laws, and the election dates of certain groundwater conservation districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT. Section 6(a), Chapter 524, Acts of the 71st Legislature, Regular Session, 1989, is amended to read as follows:

(a) The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36 [~~Chapters 50 and 52~~], Water Code, applicable to groundwater [~~underground water~~] conservation districts created under Article XVI, Section 59, of the Texas Constitution. This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

SECTION 2. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT. Section 6(a), Chapter 712, Acts of the 71st Legislature, Regular Session, 1989, is amended to read as follows:

(a) The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36 and Subchapters H and I, Chapter 49 [~~Chapters 50 and 52~~], Water Code, applicable to groundwater [~~underground water~~] conservation districts created under Article XVI, Section 59, of the Texas Constitution. This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

SECTION 3. MESA UNDERGROUND WATER CONSERVATION DISTRICT. (a) Section 6(a), Chapter 669, Acts of the 71st Legislature, Regular Session, 1989, is amended to read as follows:

(a) The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36 [~~Chapters 50, 51, and 52~~], Water Code, applicable to groundwater [~~underground water~~] conservation districts created under Article XVI, Section 59, of the Texas Constitution. This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(b) Section 10, Chapter 669, Acts of the 71st Legislature, Regular Session, 1989, is amended to read as follows:

Sec. 10. ELECTION OF DIRECTORS. On the uniform election date [~~first Saturday~~] in May of each even-numbered year [~~the second year after the year in which the district is authorized to be created at a confirmation election~~], an election shall be held in the district to elect the appropriate number [~~for the election~~] of directors. [Directors elected from commissioner precincts 2 and 4 shall each serve two-year terms and directors elected from commissioner precincts 1 and 3 and the district at large shall each serve four-year terms. Thereafter, on the same date in each subsequent second year, the appropriate number of directors shall be elected to the board.]

SECTION 4. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT. (a) Section 6, Chapter 673, Acts of the 71st Legislature, Regular Session, 1989, is amended by adding Subsection (c) to read as follows:

(b) Section 10, Chapter 673, Acts of the 71st Legislature, Regular Session, 1989, is amended to read as follows:

Sec. 10. ELECTION OF DIRECTORS. On the uniform election date [~~first Saturday~~] in May of every other [the second year after the year in which the district is authorized to be created at a confirmation election, an election shall be held in the district for the election of two directors who shall each serve two-year terms and three directors who shall each serve four-year terms. Thereafter, on the same date in each subsequent second] year, the appropriate number of directors shall be elected to the board.

SECTION 5. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT. Section 6(a), Chapter 653, Acts of the 71st Legislature, Regular Session, 1989, is amended to read as follows:

SECTION 6. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT. Section 6, Chapter 519, Acts of the 71st Legislature, Regular Session, 1989, is amended by adding Subsection (c) to read as follows:

SECTION 7. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT. (a) Section 5(a), Chapter 46, Acts of the 72nd Legislature, Regular Session, 1991, is amended to read as follows:

(b) Section 11, Chapter 46, Acts of the 72nd Legislature, Regular Session, 1991, is amended to read as follows:

Sec. 11. ELECTION OF DIRECTORS. On the uniform election date [~~first Saturday~~] in May of even-numbered years [~~the second year after the year in which the district is authorized to be created at a confirmation election~~], an election shall be held in the district to elect the appropriate number [~~for the election~~] of [~~the~~] directors [for Precinct Nos. 1 and 3, who shall each serve two-year terms, and the directors for Precinct Nos. 2 and 4 and for the district at large, who shall each serve four-year terms. Thereafter, on the same date in each subsequent second year, the appropriate number of directors shall be elected to the board].

SECTION 8. SUTTON COUNTY UNDERGROUND WATER CONSERVATION DISTRICT. (a) Section 15(e), Chapter 377, Acts of the 69th Legislature, Regular Session, 1985, is amended to read as follows:

(e) The district shall hold an election in the district to elect directors on the uniform election date [~~first Saturday~~] in May of each odd-numbered year.

(b) Section 17, Chapter 377, Acts of the 69th Legislature, Regular Session, 1985, is amended to read as follows:

Sec. 17. STATUTORY INTERPRETATION. Except as otherwise provided by this Act, if [If] there is a conflict between this Act and Chapter 49, 51, or 36 [52], Water Code, this Act controls. If there is a conflict between Chapter 49 or 51, Water Code, and Chapter 36 [52], Water Code, Chapter 36 [52] controls.

SECTION 9. TERMS OF OFFICE. The governing body of a groundwater conservation district for which the election date has changed under the laws amended by this Act shall adjust the terms of office to conform to the new election date, if applicable.

SECTION 10. NOTICE. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 11. EFFECTIVE DATE. This Act takes effect September 1, 2015.

Floor Amendment No. 1

Amend CSSB 1336 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. BEXAR METROPOLITAN WATER DISTRICT. Section 52(a), Chapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended to read as follows:

(a) Not later than January 1, 2017 [~~five years after the date the election results were certified in favor of dissolution under Article 2 or 2A of the Act enacting this section~~], the System shall integrate the services and infrastructure of the District into the System in a reasonable and orderly manner. The Commission for good cause may grant an extension to complete integration of not more than three additional years. The System shall base the integration on the consideration of relevant information, including:

(1) the location and condition of the infrastructure;

(2) debt obligations;

(3) prudent utility practices and fiscal policies;

(4) costs and revenue; and

(5) potential impacts on the customers of the District and the System.

Floor Amendment No. 2

Amend CSSB 1336 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. AMENDMENT TO WATER CODE. Section 36.0151(f), Water Code, is amended to read as follows:

(f) Before September 1, 2021 [~~2015~~], the commission may not create a groundwater conservation district under this section in a county:

(1) in which the annual amount of surface water used is more than 50 times the annual amount of groundwater produced;

(2) that is located in a priority groundwater management area; and

(3) that has a population greater than 2.3 million.

Floor Amendment No. 4

Amend CSSB 1336 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. LOST PINES GROUNDWATER CONSERVATION DISTRICT. Subchapter B, Chapter 8849, Special District Local Laws Code, is amended by adding section 8849.055 to read as follows:

Sec. 8849.055. LIABILITY. For liability purposes only, a director is considered a district employee under Chapter 101, Civil Practice and Remedies Code, even if the director does not receive fees of office voluntarily, by district policy, or through a statutory exception to this section. A director is immune from suit and immune from liability for official votes and official actions.

Floor Amendment No. 5

Amend CSSB 1336 (house committee printing), by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. AMENDMENT TO WATER CODE REGARDING EDWARDS AQUIFER AUTHORITY. Subchapter D, Chapter 36, Water Code, is amended by adding Section 36.125 to read as follows:

Sec. 36.125. EDWARDS AQUIFER AUTHORITY. (a) Except as provided by Subsection (b), this subchapter does not apply to the Edwards Aquifer Authority.

(b) Sections 36.102 and 36.118 apply to the Edwards Aquifer Authority.

The amendments were read.

Senator Perry submitted a Motion In Writing that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The Motion In Writing was read and prevailed without objection.

The President asked if there were any motions to instruct the conference committee on SB 1336 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate: Senators Perry, Chair; Fraser, Huffines, Creighton, and Hinojosa.

SENATE BILL 1882 WITH HOUSE AMENDMENT
(Motion In Writing)

Senator Zaffirini called SB 1882 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1882 as follows:

(1) On page 1, line 12, strike "a right is"; and

(2) On page 1, line 13, strike "has the right" and insert "is entitled to the following".

The amendment was read.

Senator Zaffirini submitted a Motion In Writing that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The Motion In Writing was read and prevailed without objection.

The President asked if there were any motions to instruct the conference committee on SB 1882 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate: Senators Zaffirini, Chair; Schwertner, Nelson, Estes, and Huffman.

SENATE BILL 1964 WITH HOUSE AMENDMENT
(Motion In Writing)

Senator Hinojosa called SB 1964 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1964 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the imposition of additional fees for filing civil cases and for recording certain documents in Hidalgo County and Cameron County.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter H, Chapter 51, Government Code, is amended by adding Section 51.711 to read as follows:

Sec. 51.711. ADDITIONAL FILING FEE FOR CIVIL CASES IN HIDALGO COUNTY AND CAMERON COUNTY. (a) This section applies only to district courts, statutory probate courts, and county courts at law in Hidalgo County and Cameron County.

(b) Except as otherwise provided by this section and in addition to all other fees authorized or required by other law, the clerk of a court shall collect a filing fee of not more than $40 in each civil case filed in the court to be used for the construction, renovation, or improvement of the facilities that house the Hidalgo County or Cameron County civil courts.

(c) Court fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case.

(d) The clerk shall send the fees collected under this section to the county treasurer of the county in which the court is located or to any other official who discharges the duties commonly assigned to the county treasurer at least as frequently as monthly. The treasurer or other official shall deposit the fees in a special account in the county treasury dedicated to the construction, renovation, or improvement of the facilities that house the courts in the county collecting the fee.

(e) This section applies only to fees for a 12-month period beginning October 1, if the commissioners court of the county collecting the fee:

(1) adopts a resolution authorizing a fee of not more than $40;

(2) adopts a resolution requiring the county to spend one dollar for the construction, renovation, or improvement of the court facilities for each dollar spent from the special account dedicated to that purpose; and

(3) files the resolutions with the county treasurer or with any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 immediately preceding the first 12-month period during which the fees are to be collected.

(f) A resolution adopted under Subsection (e) continues from year to year until October 1, 2030, allowing the county to collect fees under the terms of this section until the resolution is rescinded.

(g) The commissioners court of the county collecting the fee may rescind a resolution adopted under Subsection (e) by adopting a resolution rescinding the resolution and submitting the rescission resolution to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 preceding the beginning of the first day of the county fiscal year. The commissioners court may adopt an additional resolution in the manner provided by Subsection (e) after rescinding a previous resolution under that subsection.

(h) A fee established under a particular resolution is abolished on the earlier of:

(1) the date a resolution adopted under Subsection (e) is rescinded as provided by Subsection (g); or

(2) October 1, 2030.

(i) Hidalgo County or Cameron County may make the required expenditure described by Subsection (e)(2) at any time, regardless of when the expenditure from the special account occurs.

SECTION 2. Subchapter D, Chapter 101, Government Code, is amended by adding Section 101.061192 to read as follows:

Sec. 101.061192. ADDITIONAL DISTRICT COURT FEES FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a district court in Hidalgo County and the clerk of a district court in Cameron County shall collect an additional filing fee of not more than $40 under Section 51.711, Government Code, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

SECTION 3. Subchapter E, Chapter 101, Government Code, is amended by adding Section 101.081191 to read as follows:

Sec. 101.081191. ADDITIONAL STATUTORY COUNTY COURT FEES FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county court in Hidalgo County and the clerk of a statutory county court in Cameron County shall collect an additional filing fee of not more than $40 under Section 51.711, Government Code, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

SECTION 4. Subchapter F, Chapter 101, Government Code, is amended by adding Section 101.10119 to read as follows:

Sec. 101.10119. ADDITIONAL STATUTORY PROBATE COURT FEES FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory probate court in Hidalgo County shall collect an additional filing fee of not more than $40 under Section 51.711, Government Code, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

SECTION 5. Section 118.011, Local Government Code, is amended by adding Subsection (g) to read as follows:

(g) The county clerk of a county shall, if the commissioners court of the county adopts the fee, collect the following fee from any person:

Real Property Records Filing (Sec. 118.0131) . . . . . . . not more than $10

SECTION 6. Subchapter B, Chapter 118, Local Government Code, is amended by adding Section 118.0131 to read as follows:

Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES: HIDALGO COUNTY AND CAMERON COUNTY. The county clerk of Hidalgo County and the county clerk of Cameron County may assess an additional fee not to exceed $10 for real property records filing to fund the construction, renovation, or improvement of court facilities, if authorized by the commissioners court of the county.

SECTION 7. The changes in law made by this Act apply only to a fee that becomes payable on or after the effective date of this Act. A fee that becomes payable before that date is governed by the law in effect when the fee became payable, and the former law is continued in effect for that purpose.

SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.

The amendment was read.

Senator Hinojosa submitted a Motion In Writing that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The Motion In Writing was read and prevailed without objection.

The President asked if there were any motions to instruct the conference committee on SB 1964 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate: Senators Hinojosa, Chair; Nelson, Huffman, Zaffirini, and L. Taylor.

SENATE BILL 1999 WITH HOUSE AMENDMENT
(Motion In Writing)

Senator Menéndez called SB 1999 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1999 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to adult day services facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 531.951(a), Government Code, is amended to read as follows:

(a) This subchapter applies only to the final licensing, listing, or registration decisions of a health and human services agency with respect to a person under the law authorizing the agency to regulate the following types of persons:

(1) a youth camp licensed under Chapter 141, Health and Safety Code;

(2) a home and community support services agency licensed under Chapter 142, Health and Safety Code;

(3) a hospital licensed under Chapter 241, Health and Safety Code;

(4) an institution licensed under Chapter 242, Health and Safety Code;

(5) an assisted living facility licensed under Chapter 247, Health and Safety Code;

(6) a special care facility licensed under Chapter 248, Health and Safety Code;

(7) an intermediate care facility licensed under Chapter 252, Health and Safety Code;

(8) a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code;

(9) a mental hospital or mental health facility licensed under Chapter 577, Health and Safety Code;

(10) a child-care facility or child-placing agency licensed under or a family home listed or registered under Chapter 42, Human Resources Code; or

(11) an adult day services [~~day-care~~] facility licensed under Chapter 103, Human Resources Code.

SECTION 2. Section 81.042(e), Health and Safety Code, is amended to read as follows:

(e) The following persons shall report to the local health authority or the department a suspected case of a reportable disease and all information known concerning the person who has or is suspected of having the disease if a report is not made as required by Subsections (a)-(d):

(1) a professional registered nurse;

(2) an administrator or director of a public or private temporary or permanent child-care facility;

(3) an administrator or director of a nursing home, personal care home, adult respite care center, or adult day services facility [~~day-care center~~];

(4) an administrator of a home health agency;

(5) an administrator or health official of a public or private institution of higher education;

(6) an owner or manager of a restaurant, dairy, or other food handling or processing establishment or outlet;

(7) a superintendent, manager, or health official of a public or private camp, home, or institution;

(8) a parent, guardian, or householder;

(9) a health professional;

(10) an administrator or health official of a penal or correctional institution; or

(11) emergency medical service personnel, a peace officer, or a firefighter.

SECTION 3. Section 164.003(5), Health and Safety Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(5) "Mental health facility" means:

(A) a "mental health facility" as defined by Section 571.003;

(B) a residential treatment facility, other than a mental health facility, in which persons are treated for emotional problems or disorders in a 24-hour supervised living environment; and

SECTION 4. Section 250.001(3), Health and Safety Code, as reenacted and amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(3) "Facility" means:

(A) a nursing facility, custodial care home, or other institution licensed by the Department of Aging and Disability Services under Chapter 242;

(B) an assisted living facility licensed by the Department of Aging and Disability Services under Chapter 247;

(D) an adult day services [~~day care~~] facility licensed by the Department of Aging and Disability Services under Chapter 103, Human Resources Code;

(E) an ICF-IID licensed under Chapter 252;

(F) an adult foster care provider that contracts with the Department of Aging and Disability Services;

(G) a facility that provides mental health services and that is operated by or contracts with the Department of State Health Services;

(H) a local mental health authority designated under Section 533.035 or a local intellectual and developmental disability authority designated under Section 533.035;

(I) a person exempt from licensing under Section 142.003(a)(19);

(J) a special care facility licensed by the Department of State Health Services under Chapter 248;

(K) a mental health service unit of a hospital licensed under Chapter 241; or

(L) a prescribed pediatric extended care center licensed by the Department of Aging and Disability Services under Chapter 248A.

SECTION 5. The heading to Chapter 103, Human Resources Code, is amended to read as follows:

CHAPTER 103. ADULT DAY SERVICES [~~CARE~~]

SECTION 6. Section 103.001, Human Resources Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, and Section 103.002, Human Resources Code, are amended to read as follows:

Sec. 103.001. PURPOSE. It is the purpose of this chapter to establish programs of quality adult day services [~~care and day health care~~] that will enable persons with disabilities who have medical or functional impairments and elderly persons to maintain maximum independence and to prevent premature or inappropriate institutionalization. It is the purpose of this chapter to provide adequately regulated supervision for elderly persons and persons with disabilities while enabling them to remain in a family environment and affording the family a measure of normality in its daily activities. The legislature intends to provide for the development of policies and programs that will:

(1) provide alternatives to institutionalization;

(2) establish facilities for adult day services [~~care and day health care~~] throughout the state that offer services and are accessible to economically disadvantaged persons; and

(3) prevent inappropriate institutionalization.

Sec. 103.002. SHORT TITLE. This chapter may be cited as the Adult Day Services [~~Care~~] Act.

SECTION 7. Section 103.003(1), Human Resources Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, and Section 103.003(2), Human Resources Code, are amended to read as follows:

(1) "Adult day services [~~day-care~~] facility" means a facility that provides services under an adult day services [~~day-care~~] program on a daily or regular basis but not overnight to four or more elderly persons or persons with disabilities who are not related by blood, marriage, or adoption to the owner of the facility.

(2) "Adult day services [~~day-care~~] program" means a structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting.

SECTION 8. Section 103.0041(a), Human Resources Code, is amended to read as follows:

(a) A person may not operate an adult day services [~~day-care~~] facility without a license issued under this chapter.

SECTION 9. Section 103.006(a), Human Resources Code, is amended to read as follows:

(a) The department shall issue a license to operate an adult day services [~~day-care~~] facility to a person who has met the application requirements and received approval after an on-site inspection.

SECTION 10. Section 103.007(a), Human Resources Code, is amended to read as follows:

(a) An applicant for a license to operate an adult day services [~~day-care~~] facility must file an application on a form prescribed by the department together with a license fee of $50.

SECTION 11. Section 103.0075(a), Human Resources Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an adult day services [~~day-care~~] facility may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification. In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.

SECTION 12. Section 103.0091(a), Human Resources Code, is amended to read as follows:

(a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the adult day services facility [~~day-care~~] residents.

SECTION 13. Section 103.0092(a), Human Resources Code, is amended to read as follows:

(a) If the department finds an adult day services [~~day-care~~] facility operating in violation of the standards prescribed by this chapter and the violations create an immediate threat to the health and safety of a resident in the facility, the department shall suspend the license or order immediate closing of all or part of the facility.

SECTION 14. Section 103.011, Human Resources Code, is amended to read as follows:

Sec. 103.011. RIGHTS OF THE ELDERLY. (a) In addition to other rights an individual attending an adult day services [~~care~~] facility has as a citizen, an individual who is 55 years of age or older has the rights prescribed by Chapter 102 of this code.

(b) The department shall require each adult day services [~~care~~] facility to implement and enforce the applicable provisions of Chapter 102 of this code.

SECTION 15. Section 103.012(a), Human Resources Code, is amended to read as follows:

(a) The department may assess an administrative penalty against a person who:

(1) violates this chapter, a rule, standard, or order adopted under this chapter, or a term of a license issued under this chapter;

(2) makes a false statement of a material fact that the person knows or should know is false:

(A) on an application for issuance or renewal of a license or in an attachment to the application; or

(B) with respect to a matter under investigation by the department;

(3) refuses to allow a representative of the department to inspect:

(A) a book, record, or file required to be maintained by an adult day services [~~day-care~~] facility; or

(B) any portion of the premises of an adult day services [~~day-care~~] facility;

(4) wilfully interferes with the work of a representative of the department or the enforcement of this chapter;

(5) wilfully interferes with a representative of the department preserving evidence of a violation of this chapter, a rule, standard, or order adopted under this chapter, or a term of a license issued under this chapter;

(6) fails to pay a penalty assessed under this chapter not later than the 30th day after the date the assessment of the penalty becomes final; or

(7) fails to notify the department of a change of ownership before the effective date of the change of ownership.

SECTION 16. Sections 103.013(a) and (c), Human Resources Code, are amended to read as follows:

(a) The department may not collect an administrative penalty from an adult day services [~~day-care~~] facility under Section 103.012 if, not later than the 45th day after the date the facility receives notice under Section 103.014(c), the facility corrects the violation.

(c) An adult day services [~~day-care~~] facility that corrects a violation must maintain the correction. If the facility fails to maintain the correction until at least the first anniversary after the date the correction was made, the department may assess and collect an administrative penalty for the subsequent violation. An administrative penalty assessed under this subsection is equal to three times the amount of the original penalty assessed but not collected. The department is not required to provide the facility with an opportunity under this section to correct the subsequent violation.

SECTION 17. Sections 103.014(c) and (e), Human Resources Code, are amended to read as follows:

(c) The department shall give written notice of the report to the person charged with the violation not later than the 10th day after the date on which the report is issued. The notice must include:

(1) a brief summary of the charges;

(2) a statement of the amount of penalty recommended;

(3) a statement of whether the violation is subject to correction under Section 103.013 and, if the violation is subject to correction under that section, a statement of:

(A) the date on which the adult day services [~~day-care~~] facility must file a plan of correction with the department that the department shall review and may approve, if satisfactory; and

(B) the date on which the plan of correction must be completed to avoid assessment of the penalty; and

(4) a statement that the person charged has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

(e) If the violation is subject to correction under Section 103.013, the adult day services [~~day-care~~] facility shall submit a plan of correction to the department for approval not later than the 10th day after the date on which the notice under Subsection (c) is received.

SECTION 18. Section 161.151(2), Human Resources Code, is amended to read as follows:

(2) "Respite services" means support services, including in-home services or adult day [~~day-care~~] services, that are provided for the purpose of temporarily giving relief to a primary caregiver who provides care to an individual with a chronic serious health condition or disability.

SECTION 19. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.

The amendment was read.

Senator Menéndez submitted a Motion In Writing that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The Motion In Writing was read and prevailed without objection.

The President asked if there were any motions to instruct the conference committee on SB 1999 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate: Senators Menéndez, Chair; Schwertner, Creighton, Zaffirini, and Perry.

SENATE RESOLUTION 1035

Senator Nichols offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 84th Legislature, Regular Session, 2015, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on Senate Joint Resolution 5 (proposing a constitutional amendment dedicating a portion of the revenue derived from the state sales and use tax and the tax imposed on the sale, use, or rental of a motor vehicle to the state highway fund) to consider and take action on the following matter:

Senate Rule 12.03(1) is suspended to permit the committee to change text not in disagreement in proposed SECTION 3 of the resolution to read as follows:

This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2015.

Explanation: This change is necessary to provide that the election on the proposed constitutional amendment will be held on November 3, 2015.

SR 1035 was read and was adopted by the following vote: Yeas 31, Nays 0.

(Senator Uresti in Chair)

CONFERENCE COMMITTEE REPORT ON

SENATE JOINT RESOLUTION 5 ADOPTED

Senator Nichols called from the President's table the Conference Committee Report on SJR 5. The Conference Committee Report was filed with the Senate on Wednesday, May 27, 2015.

On motion of Senator Nichols, the Conference Committee Report was adopted by the following vote: Yeas 31, Nays 0.

CONFERENCE COMMITTEE ON HOUSE BILL 26
(Motion In Writing)

Senator Fraser called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 26 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 26 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Fraser, Chair; Estes, Birdwell, Uresti, and Nichols.

CONFERENCE COMMITTEE ON HOUSE BILL 382
(Motion In Writing)

Senator Lucio called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 382 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 382 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Lucio, Chair; Bettencourt, Campbell, Creighton, and Hinojosa.

CONFERENCE COMMITTEE ON HOUSE BILL 408
(Motion In Writing)

Senator Menéndez called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 408 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 408 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Menéndez, Chair; Huffman, Creighton, Zaffirini, and Estes.

CONFERENCE COMMITTEE ON HOUSE BILL 483
(Motion In Writing)

Senator Kolkhorst called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 483 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 483 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Kolkhorst, Chair; Burton, Hancock, Watson, and L. Taylor.

CONFERENCE COMMITTEE ON HOUSE BILL 1295
(Motion In Writing)

Senator Hancock called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 1295 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 1295 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Hancock, Chair; V. Taylor, Watson, L. Taylor, and Campbell.

CONFERENCE COMMITTEE ON HOUSE BILL 1915
(Motion In Writing)

Senator Hinojosa called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 1915 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 1915 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Hinojosa, Chair; Kolkhorst, V. Taylor, L. Taylor, and Uresti.

CONFERENCE COMMITTEE ON HOUSE BILL 2019
(Motion In Writing)

Senator Seliger called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2019 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2019 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Seliger, Chair; Nichols, Birdwell, Watson, and Eltife.

CONFERENCE COMMITTEE ON HOUSE BILL 2123
(Motion In Writing)

Senator Perry called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2123 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2123 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Perry, Chair; Birdwell, Huffman, Campbell, and Lucio.

CONFERENCE COMMITTEE ON HOUSE BILL 2150
(Motion In Writing)

Senator Whitmire called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2150 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2150 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Whitmire, Chair; Huffman, Hinojosa, Burton, and Perry.

CONFERENCE COMMITTEE ON HOUSE BILL 2398
(Motion In Writing)

Senator Whitmire called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2398 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2398 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Whitmire, Chair; West, Huffman, Nelson, and Nichols.

CONFERENCE COMMITTEE ON HOUSE BILL 2641
(Motion In Writing)

Senator Schwertner called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2641 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2641 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Schwertner, Chair; Nelson, Perry, Uresti, and Campbell.

CONFERENCE COMMITTEE ON HOUSE BILL 2645
(Motion In Writing)

Senator Hinojosa called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2645 and submitted a Motion In Writing that the request be granted.

The Motion in Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2645 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Hinojosa, Chair; Whitmire, Huffman, Burton, and Perry.

CONFERENCE COMMITTEE ON HOUSE BILL 3106
(Motion In Writing)

Senator Creighton called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 3106 and submitted a Motion In Writing that the request be granted.

The Motion in Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 3106 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Creighton, Chair; West, L. Taylor, Bettencourt, and Lucio.

CONFERENCE COMMITTEE ON HOUSE BILL 3615
(Motion In Writing)

Senator Zaffirini called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 3615 and submitted a Motion In Writing that the request be granted.

The Motion in Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 3615 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Zaffirini, Chair; Birdwell, Hinojosa, Seliger, and Campbell.

CONFERENCE COMMITTEE ON HOUSE BILL 3736
(Motion In Writing)

Senator Huffman called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 3736 and submitted a Motion In Writing that the request be granted.

The Motion in Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 3736 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Huffman, Chair; Zaffirini, Nelson, Creighton, and V. Taylor.

RECESS

On motion of Senator Whitmire, the Senate at 1:52 p.m. recessed until 4:00 p.m. today.

AFTER RECESS

The Senate met at 4:00 p.m. and was called to order by Senator Eltife.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

Friday, May 29, 2015 - 1

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 141

Smith

Recalling H.B. 2187 from the Senate for further consideration.

THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 77 (113 Yeas, 31 Nays, 2 Present, not voting)

HB 463 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 583 (144 Yeas, 1 Nays, 2 Present, not voting)

HB 839 (141 Yeas, 4 Nays, 2 Present, not voting)

HB 1184 (133 Yeas, 12 Nays, 2 Present, not voting)

HB 1265 (144 Yeas, 0 Nays, 2 Present, not voting)

HB 1334 (143 Yeas, 0 Nays, 2 Present, not voting)

HB 1424 (144 Yeas, 1 Nays, 2 Present, not voting)

HB 1446 (144 Yeas, 0 Nays, 2 Present, not voting)

HB 1491 (135 Yeas, 6 Nays, 2 Present, not voting)

HB 1583 (144 Yeas, 0 Nays, 2 Present, not voting)

HB 1621 (142 Yeas, 0 Nays, 2 Present, not voting)

HB 1681 (143 Yeas, 3 Nays, 2 Present, not voting)

HB 1969 (145 Yeas, 1 Nays, 2 Present, not voting)

HB 1982 (146 Yeas, 0 Nays, 2 Present, not voting)

HB 2076 (141 Yeas, 1 Nays, 2 Present, not voting)

HB 2186 (141 Yeas, 5 Nays, 2 Present, not voting)

HB 2255 (141 Yeas, 4 Nays, 2 Present, not voting)

HB 2259 (141 Yeas, 5 Nays, 2 Present, not voting)

HB 2286 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 2349 (144 Yeas, 2 Nays, 2 Present, not voting)

HB 2381 (122 Yeas, 21 Nays, 2 Present, not voting)

HB 2489 (143 Yeas, 1 Nays, 2 Present, not voting)

HB 2950 (144 Yeas, 1 Nays, 2 Present, not voting)

HB 2974 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 3121 (146 Yeas, 0 Nays, 2 Present, not voting)

HB 3163 (141 Yeas, 4 Nays, 2 Present, not voting)

HB 3193 (96 Yeas, 4 Nays, 3 Present, not voting)

HB 3212 (143 Yeas, 0 Nays, 3 Present, not voting)

HB 3302 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 3310 (143 Yeas, 2 Nays, 2 Present, not voting)

HB 3387 (143 Yeas, 0 Nays, 2 Present, not voting)

HB 3511 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 3579 (142 Yeas, 3 Nays, 2 Present, not voting)

HB 3603 (143 Yeas, 0 Nays, 3 Present, not voting)

HB 3605 (143 Yeas, 0 Nays, 3 Present, not voting)

HB 3888 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 3994 (102 Yeas, 43 Nays, 2 Present, not voting)

HB 4025 (142 Yeas, 0 Nays, 2 Present, not voting)

HB 4059 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 4099 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 4155 (146 Yeas, 0 Nays, 2 Present, not voting)

HB 4156 (145 Yeas, 0 Nays, 2 Present, not voting)

THE HOUSE HAS REFUSED TO CONCUR IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:

HB 14 (non-record vote)

House Conferees: Morrison - Chair/Deshotel/Kacal/King, Phil/King, Tracy O.

HB 603 (non-record vote)

House Conferees: Davis, Sarah - Chair/Hunter/Miller, Doug/Minjarez/Springer

HB 824 (non-record vote)

House Conferees: Kuempel - Chair/Guillen/Harless/Smith/Thompson, Senfronia

HB 928 (non-record vote)

House Conferees: Guillen - Chair/Ashby/Kacal/Lucio III/Nevárez

HB 1723 (non-record vote)

House Conferees: Miles - Chair/Burrows/Coleman/Dutton/Stickland

HB 2205 (non-record vote)

House Conferees: Crownover - Chair/Aycock/Galindo/Huberty/VanDeaver

HB 2524 (non-record vote)

House Conferees: Coleman - Chair/Blanco/Farias/Murr/Schubert

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

HB 1 (115 Yeas, 33 Nays)

THE HOUSE HAS DISCHARGED ITS CONFEREES AND CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 3519 (143 Yeas, 0 Nays, 1 Present, not voting)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

HOUSE CONCURRENT RESOLUTION 141

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, The House of Representatives of the State of Texas has returned House Bill No. 2187 with senate amendments to the Senate of the State of Texas; and

WHEREAS, Further consideration of the bill by the house is necessary; now, therefore, be it

RESOLVED by the House of Representatives of the State of Texas, with the senate concurring, hereby respectfully request that the Secretary of the Senate be authorized to return House Bill No. 2187 to the house for further consideration.

L. TAYLOR

HCR 141 was read.

On motion of Senator L. Taylor and by unanimous consent, the resolution was considered immediately and was adopted by the following vote: Yeas 31, Nays 0.

CONFERENCE COMMITTEE ON HOUSE BILL 2804

Senator L. Taylor called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2804 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2804 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators L. Taylor, Chair; Lucio, Campbell, Bettencourt, and Huffines.

SENATE BILL 265 WITH HOUSE AMENDMENT

Senator Ellis called SB 265 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 265 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to student use of sunscreen products in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.021 to read as follows:

Sec. 38.021. USE OF SUNSCREEN PRODUCTS. (a) A student may possess and use a topical sunscreen product while on school property or at a school-related event or activity to avoid overexposure to the sun and not for the medical treatment of an injury or illness if the product is approved by the federal Food and Drug Administration for over-the-counter use.

(b) This section does not:

(1) waive any immunity from liability of a school district, its board of trustees, or its employees; or

(2) create any liability for or a cause of action against a school district, its board of trustees, or its employees.

SECTION 2. This Act applies beginning with the 2015-2016 school year.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.

The amendment was read.

Senator Ellis moved to concur in the House amendment to SB 265.

The motion prevailed by the following vote: Yeas 29, Nays 2.

Yeas: Bettencourt, Birdwell, Burton, Campbell, Ellis, Eltife, Estes, Fraser, Garcia, Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays: Creighton, V. Taylor.

SENATE BILL 277 WITH HOUSE AMENDMENTS

Senator Schwertner called SB 277 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 277 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to certain health-related and other task forces and advisory committees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. CHANGES TO ENTITIES EFFECTIVE SEPTEMBER 1, 2015

SECTION 1.01. (a) The Interagency Task Force on Electronic Benefits Transfers is abolished.

(b) Section 531.045, Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 1.02. (a) The Medicaid and Public Assistance Fraud Oversight Task Force is abolished.

(b) Section 22.028(c), Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(c) No later than the first day of each month, the commission shall send the comptroller a report listing the accounts on which enforcement actions or other steps were taken by the commission in response to the records received from the EBT operator under this section, and the action taken by the commission. The comptroller shall promptly review the report and, as appropriate, may solicit the advice of the office of the inspector general [~~Medicaid and Public Assistance Fraud Oversight Task Force~~] regarding the results of the commission's enforcement actions.

(c) Section 531.107, Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 1.03. (a) The Advisory Committee on Inpatient Mental Health Services is abolished.

(b) Section 571.027, Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 1.04. (a) The Interagency Inspection Task Force is abolished.

(b) Section 42.0442(c), Human Resources Code, is amended to read as follows:

(c) [~~The interagency task force shall establish an inspection checklist based on the inspection protocol developed under Subsection (b).~~] Each state agency that inspects a facility listed in Subsection (a) shall use an [~~the~~] inspection checklist established by the department in performing an inspection. A state agency shall make a copy of the completed inspection checklist available to the facility at the facility's request to assist the facility in maintaining records.

(c) Section 42.0442(b), Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 1.05. (a) The local authority network advisory committee is abolished.

(b) Section 533.0359(a), Health and Safety Code, is amended to read as follows:

(a) In developing rules governing local mental health authorities under Sections 533.035, [~~533.0351,~~] 533.03521, 533.0357, and 533.0358, the executive commissioner shall use rulemaking procedures under Subchapter B, Chapter 2001, Government Code.

(c) Section 533.0351, Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 1.06. (a) The Worksite Wellness Advisory Board is abolished.

(b) Section 664.052, Government Code, is amended to read as follows:

Sec. 664.052. RULES. The executive commissioner shall adopt rules for the administration of this subchapter[~~, including rules prescribing the frequency and location of board meetings~~].

Sec. 664.058. DONATIONS. The department [~~board~~] may receive in-kind and monetary gifts, grants, and donations from public and private donors to be used for the purposes of this subchapter.

(d) Section 664.061(a), Government Code, is amended to read as follows:

(a) A state agency may:

(1) allow each employee 30 minutes during normal working hours for exercise three times each week;

(2) allow all employees to attend on-site wellness seminars when offered;

(3) provide eight hours of additional leave time each year to an employee who:

(A) receives a physical examination; and

(B) completes either an online health risk assessment tool provided by the department [~~board~~] or a similar health risk assessment conducted in person by a worksite wellness coordinator;

(4) provide financial incentives, notwithstanding Section 2113.201, for participation in a wellness program developed under Section 664.053(e) after the agency establishes a written policy with objective criteria for providing the incentives;

(5) offer on-site clinic or pharmacy services in accordance with Subtitles B and J, Title 3, Occupations Code, including the requirements regarding delegation of certain medical acts under Chapter 157, Occupations Code; and

(6) adopt additional wellness policies, as determined by the agency.

(e) Sections 664.051(1), 664.054, 664.055, 664.056, 664.057, 664.059, and 664.060(c) and (f), Government Code, are repealed.

SECTION 1.07. (a) The Sickle Cell Advisory Committee is abolished.

(b) Section 33.052, Health and Safety Code, is amended to read as follows:

Sec. 33.052. DUTIES OF DEPARTMENT. The department shall[:

[~~(1)~~] identify efforts related to the expansion and coordination of education, treatment, and continuity of care programs for individuals with sickle cell trait and sickle cell disease[;

[~~(2)~~ ~~assist the advisory committee created under Section 33.053; and~~

[~~(3)~~ ~~provide the advisory committee created under Section 33.053 with staff support necessary for the advisory committee to fulfill its duties~~].

SECTION 1.08. (a) The Arthritis Advisory Committee is abolished.

(b) Section 97.007, Health and Safety Code, is repealed.

SECTION 1.09. (a) The Advisory Panel on Health Care-Associated Infections and Preventable Adverse Events is abolished.

(b) Section 536.002(b), Government Code, is amended to read as follows:

(b) The executive commissioner shall appoint the members of the advisory committee. The committee must consist of physicians and other health care providers, representatives of health care facilities, representatives of managed care organizations, and other stakeholders interested in health care services provided in this state, including:

(1) at least one member who is a physician with clinical practice experience in obstetrics and gynecology;

(2) at least one member who is a physician with clinical practice experience in pediatrics;

(3) at least one member who is a physician with clinical practice experience in internal medicine or family medicine;

(4) at least one member who is a physician with clinical practice experience in geriatric medicine;

(5) at least three members who are or who represent a health care provider that primarily provides long-term services and supports; and

(6) at least one member who is a consumer representative[~~; and~~

[~~(7)~~ at least one member who is a member of the Advisory Panel on Health Care-Associated Infections and Preventable Adverse Events who meets the qualifications prescribed by Section 98.052(a)(4), Health and Safety Code].

SUBCHAPTER C. DUTIES OF DEPARTMENT [~~AND ADVISORY PANEL~~]; REPORTING SYSTEM

(d) Section 98.1045(b), Health and Safety Code, is amended to read as follows:

(b) The executive commissioner may exclude an adverse event described by Subsection (a)(2) from the reporting requirement of Subsection (a) if the executive commissioner [~~, in consultation with the advisory panel,~~] determines that the adverse event is not an appropriate indicator of a preventable adverse event.

(e) Section 98.105, Health and Safety Code, is amended to read as follows:

Sec. 98.105. REPORTING SYSTEM MODIFICATIONS. The [~~Based on the recommendations of the advisory panel, the~~] executive commissioner by rule may modify in accordance with this chapter the list of procedures that are reportable under Section 98.103. The modifications must be based on changes in reporting guidelines and in definitions established by the federal Centers for Disease Control and Prevention.

(f) Section 98.106(c), Health and Safety Code, is amended to read as follows:

(c) The [~~In consultation with the advisory panel, the~~] department shall publish the departmental summary in a format that is easy to read.

(g) Section 98.108(a), Health and Safety Code, is amended to read as follows:

(a) The [~~In consultation with the advisory panel, the~~] executive commissioner by rule shall establish the frequency of reporting by health care facilities required under Sections 98.103 and 98.1045.

(h) The following provisions are repealed:

(1) Sections 98.001(1) and 98.002, Health and Safety Code; and

(2) Subchapter B, Chapter 98, Health and Safety Code.

SECTION 1.10. (a) The Youth Camp Training Advisory Committee is abolished.

(b) Section 141.0095(d), Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(d) In accordance with this section [~~and the criteria and guidelines developed by the training advisory committee established under Section 141.0096~~], the executive commissioner by rule shall establish criteria and guidelines for training and examination programs on sexual abuse and child molestation. The department may approve training and examination programs offered by trainers under contract with youth camps or by online training organizations or may approve programs offered in another format authorized by the department.

(c) Section 141.0096, Health and Safety Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 1.11. (a) The Drug Demand Reduction Advisory Committee is abolished.

(b) Subchapter F, Chapter 461A, Health and Safety Code, as added by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 1.12. (a) The Texas Medical Child Abuse Resources and Education System (MEDCARES) Advisory Committee is abolished.

(b) Section 1001.155, Health and Safety Code, as added by Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

Sec. 1001.155. REQUIRED REPORT. Not later than December 1 of each even-numbered year, the department [~~, with the assistance of the advisory committee established under this subchapter,~~] shall submit a report to the governor and the legislature regarding the grant activities of the program and grant recipients, including the results and outcomes of grants provided under this subchapter.

(c) Section 1001.153, Health and Safety Code, as added by Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular Session, 2009, is repealed.

ARTICLE 2. CHANGES TO ENTITIES EFFECTIVE JANUARY 1, 2016

SECTION 2.01. Section 262.353(d), Family Code, is amended to read as follows:

(d) Not later than September 30, 2014, the department and the Department of State Health Services shall file a report with the legislature [~~and the Council on Children and Families~~] on the results of the study required by Subsection (a). The report must include:

(1) each option to prevent relinquishment of parental custody that was considered during the study;

(2) each option recommended for implementation, if any;

(3) each option that is implemented using existing resources;

(4) any policy or statutory change needed to implement a recommended option;

(5) the fiscal impact of implementing each option, if any;

(6) the estimated number of children and families that may be affected by the implementation of each option; and

(7) any other significant information relating to the study.

SECTION 2.02. (a) Section 531.012, Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 531.012. ADVISORY COMMITTEES. (a) The executive commissioner shall establish and maintain [~~may appoint~~] advisory committees to consider issues and solicit public input across all major areas of the health and human services system, including relating to the following issues:

(1) Medicaid and other social services programs;

(2) managed care under Medicaid and the child health plan program;

(3) health care quality initiatives;

(4) aging;

(5) persons with disabilities, including persons with autism;

(6) rehabilitation, including for persons with brain injuries;

(7) children;

(8) public health;

(9) behavioral health;

(10) regulatory matters;

(11) protective services; and

(12) prevention efforts.

(b) Chapter 2110 applies to an advisory committee established under this section.

(1) in compliance with Chapter 2110 to govern an advisory committee's purpose, tasks, reporting requirements, and date of abolition; and

(2) related to an advisory committee's:

(A) size and quorum requirements;

(B) membership, including:

(i) qualifications to be a member, including any experience requirements;

(ii) required geographic representation;

(iii) appointment procedures; and

(iv) terms of members; and

(d) An advisory committee established under this section shall:

(1) report any recommendations to the executive commissioner; and

(2) submit a written report to the legislature of any policy recommendations made to the executive commissioner under Subdivision (1) [~~as needed~~].

(b) Not later than March 1, 2016, the executive commissioner of the Health and Human Services Commission shall adopt rules under Section 531.012, Government Code, as amended by this article. This subsection takes effect September 1, 2015.

SECTION 2.03. Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.0121 to read as follows:

Sec. 531.0121. PUBLIC ACCESS TO ADVISORY COMMITTEE MEETINGS. (a) This section applies to an advisory committee established under Section 531.012.

(b) The commission shall create a master calendar that includes all advisory committee meetings across the health and human services system.

(1) the master calendar;

(2) all meeting materials for an advisory committee meeting; and

(3) streaming live video of each advisory committee meeting.

(d) The commission shall provide Internet access in each room used for a meeting that appears on the master calendar.

SECTION 2.04. Section 531.0216(b), Government Code, is amended to read as follows:

(b) In developing the system, the executive commissioner by rule shall:

(1) review programs and pilot projects in other states to determine the most effective method for reimbursement;

(2) establish billing codes and a fee schedule for services;

(3) provide for an approval process before a provider can receive reimbursement for services;

(4) consult with the Department of State Health Services [~~and the telemedicine and telehealth advisory committee~~] to establish procedures to:

(A) identify clinical evidence supporting delivery of health care services using a telecommunications system; and

(B) annually review health care services, considering new clinical findings, to determine whether reimbursement for particular services should be denied or authorized;

(5) establish a separate provider identifier for telemedicine medical services providers, telehealth services providers, and home telemonitoring services providers; and

(6) establish a separate modifier for telemedicine medical services, telehealth services, and home telemonitoring services eligible for reimbursement.

SECTION 2.05. Section 531.02441(j), Government Code, is amended to read as follows:

(j) The task force is abolished and this [~~This~~] section expires September 1, 2017.

SECTION 2.06. Section 531.051(c), Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(1) [~~with assistance from the work group established under Section 531.052,~~] determine which services are appropriate and suitable for delivery through consumer direction;

(2) ensure that each consumer direction model is designed to comply with applicable federal and state laws;

(3) maintain procedures to ensure that a potential consumer or the consumer's legally authorized representative has adequate and appropriate information, including the responsibilities of a consumer or representative under each service delivery option, to make an informed choice among the types of consumer direction models;

(4) require each consumer or the consumer's legally authorized representative to sign a statement acknowledging receipt of the information required by Subdivision (3);

(5) maintain procedures to monitor delivery of services through consumer direction to ensure:

(A) adherence to existing applicable program standards;

(B) appropriate use of funds; and

(6) ensure that authorized program services that are not being delivered to a consumer through consumer direction are provided by a provider agency chosen by the consumer or the consumer's legally authorized representative; and

(7) [~~work in conjunction with the work group established under Section 531.052 to~~] set a timetable to complete the implementation of the consumer direction models.

SECTION 2.07. Section 531.067, Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 531.067. PROGRAM TO IMPROVE AND MONITOR CERTAIN OUTCOMES OF RECIPIENTS UNDER CHILD HEALTH PLAN PROGRAM AND MEDICAID [~~PUBLIC ASSISTANCE HEALTH BENEFIT REVIEW AND DESIGN COMMITTEE~~]. The [~~(a)~~ The commission shall appoint a Public Assistance Health Benefit Review and Design Committee. The committee consists of nine representatives of health care providers participating in Medicaid or the child health plan program, or both. The committee membership must include at least three representatives from each program.

[~~(b)~~ ~~The executive commissioner shall designate one member to serve as presiding officer for a term of two years.~~

[~~(c)~~ ~~The committee shall meet at the call of the presiding officer.~~

[~~(d)~~ The committee shall review and provide recommendations to the commission regarding health benefits and coverages provided under Medicaid, the child health plan program, and any other income-based health care program administered by the commission or a health and human services agency. In performing its duties under this subsection, the committee must:

[~~(1)~~ ~~review benefits provided under each of the programs; and~~

[~~(2)~~ ~~review procedures for addressing high utilization of benefits by recipients.~~

[~~(e)~~ ~~The commission shall provide administrative support and resources as necessary for the committee to perform its duties under this section.~~

[~~(f)~~ ~~Section 2110.008 does not apply to the committee.~~

[~~(g)~~ ~~In performing the duties under this section, the~~] commission may design and implement a program to improve and monitor clinical and functional outcomes of a recipient of services under Medicaid or the state child health plan program. The program may use financial, clinical, and other criteria based on pharmacy, medical services, and other claims data related to Medicaid or the child health plan program. [~~The commission must report to the committee on the fiscal impact, including any savings associated with the strategies utilized under this section.~~]

SECTION 2.08. (a) Section 531.0691, Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is redesignated as Section 531.0735, Government Code, to read as follows:

Sec. 531.0735 [~~531.0691~~]. MEDICAID DRUG UTILIZATION REVIEW PROGRAM: DRUG USE REVIEWS AND ANNUAL REPORT. (a) In this section:

(1) "Medicaid Drug Utilization Review Program" means the program operated by the vendor drug program to improve the quality of pharmaceutical care under Medicaid.

(2) "Prospective drug use review" means the review of a patient's drug therapy and prescription drug order or medication order before dispensing or distributing a drug to the patient.

(3) "Retrospective drug use review" means the review of prescription drug claims data to identify patterns of prescribing.

(b) The commission shall provide for an increase in the number and types of retrospective drug use reviews performed each year under the Medicaid Drug Utilization Review Program, in comparison to the number and types of reviews performed in the state fiscal year ending August 31, 2009.

(1) allow for the repeat of retrospective drug use reviews that address ongoing drug therapy problems and that, in previous years, improved client outcomes and reduced Medicaid spending;

(2) consider implementing disease-specific retrospective drug use reviews that address ongoing drug therapy problems in this state and that reduced Medicaid prescription drug use expenditures in other states; and

(3) regularly examine Medicaid prescription drug claims data to identify occurrences of potential drug therapy problems that may be addressed by repeating successful retrospective drug use reviews performed in this state and other states.

(d) In addition to any other information required by federal law, the commission shall include the following information in the annual report regarding the Medicaid Drug Utilization Review Program:

(1) a detailed description of the program's activities; and

(2) estimates of cost savings anticipated to result from the program's performance of prospective and retrospective drug use reviews.

(e) The cost-saving estimates for prospective drug use reviews under Subsection (d) must include savings attributed to drug use reviews performed through the vendor drug program's electronic claims processing system and clinical edits screened through the prior authorization system implemented under Section 531.073.

(f) The commission shall post the annual report regarding the Medicaid Drug Utilization Review Program on the commission's website.

(b) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0736 to read as follows:

Sec. 531.0736. DRUG UTILIZATION REVIEW BOARD. (a) In this section, "board" means the Drug Utilization Review Board.

(b) In addition to performing any other duties required by federal law, the board shall:

(1) develop and submit to the commission recommendations for preferred drug lists adopted by the commission under Section 531.072;

(2) suggest to the commission restrictions or clinical edits on prescription drugs;

(3) recommend to the commission educational interventions for Medicaid providers;

(4) review drug utilization across Medicaid; and

(5) perform other duties that may be specified by law and otherwise make recommendations to the commission.

(1) comply with applicable federal law, including 42 C.F.R. Section 456.716;

(2) include two representatives of managed care organizations as nonvoting members, one of whom must be a physician and one of whom must be a pharmacist;

(3) include at least 17 physicians and pharmacists who:

(A) provide services across the entire population of Medicaid recipients and represent different specialties, including at least one of each of the following types of physicians:

(i) a pediatrician;

(ii) a primary care physician;

(iii) an obstetrician and gynecologist;

(iv) a child and adolescent psychiatrist; and

(v) an adult psychiatrist; and

(B) have experience in either developing or practicing under a preferred drug list; and

(4) include a consumer advocate who represents Medicaid recipients.

(c-1) The executive commissioner by rule shall develop and implement a process by which a person may apply to become a member of the board and shall post the application and information regarding the application process on the commission's Internet website.

(d) Members appointed under Subsection (c)(2) may attend quarterly and other regularly scheduled meetings, but may not:

(1) attend executive sessions; or

(2) access confidential drug pricing information.

(e) Members of the board serve staggered four-year terms.

(f) The voting members of the board shall elect from among the voting members a presiding officer. The presiding officer must be a physician.

(g) The board shall hold a public meeting quarterly at the call of the presiding officer and shall permit public comment before voting on any changes in the preferred drug lists, the adoption of or changes to drug use criteria, or the adoption of prior authorization or drug utilization review proposals. The board shall hold public meetings at other times at the call of the presiding officer. Minutes of each meeting shall be made available to the public not later than the 10th business day after the date the minutes are approved. The board may meet in executive session to discuss confidential information as described by Subsection (i).

(h) In developing its recommendations for the preferred drug lists, the board shall consider the clinical efficacy, safety, and cost-effectiveness of and any program benefit associated with a product.

(i) The executive commissioner shall adopt rules governing the operation of the board, including rules governing the procedures used by the board for providing notice of a meeting and rules prohibiting the board from discussing confidential information described by Section 531.071 in a public meeting. The board shall comply with the rules adopted under this subsection and Subsection (j).

(j) In addition to the rules under Subsection (i), the executive commissioner by rule shall require the board or the board's designee to present a summary of any clinical efficacy and safety information or analyses regarding a drug under consideration for a preferred drug list that is provided to the board by a private entity that has contracted with the commission to provide the information. The board or the board's designee shall provide the summary in electronic form before the public meeting at which consideration of the drug occurs. Confidential information described by Section 531.071 must be omitted from the summary. The summary must be posted on the commission's Internet website.

(k) To the extent feasible, the board shall review all drug classes included in the preferred drug lists adopted under Section 531.072 at least once every 12 months and may recommend inclusions to and exclusions from the lists to ensure that the lists provide for a range of clinically effective, safe, cost-effective, and medically appropriate drug therapies for the diverse segments of the Medicaid population, children receiving health benefits coverage under the child health plan program, and any other affected individuals.

(l) The commission shall provide administrative support and resources as necessary for the board to perform its duties.

(m) Chapter 2110 does not apply to the board.

(n) The commission or the commission's agent shall publicly disclose, immediately after the board's deliberations conclude, each specific drug recommended for or against preferred drug list status for each drug class included in the preferred drug list for the Medicaid vendor drug program. The disclosure must be posted on the commission's Internet website not later than the 10th business day after the date of conclusion of board deliberations that result in recommendations made to the executive commissioner regarding the placement of drugs on the preferred drug list. The public disclosure must include:

(1) the general basis for the recommendation for each drug class; and

(2) for each recommendation, whether a supplemental rebate agreement or a program benefit agreement was reached under Section 531.070.

(c) Section 531.0692, Government Code, is redesignated as Section 531.0737, Government Code, and amended to read as follows:

Sec. 531.0737 [~~531.0692~~]. [~~MEDICAID~~] DRUG UTILIZATION REVIEW BOARD: CONFLICTS OF INTEREST. (a) A voting member of the [~~board of the Medicaid~~] Drug Utilization Review Board [~~Program~~] may not have a contractual relationship, ownership interest, or other conflict of interest with a pharmaceutical manufacturer or labeler or with an entity engaged by the commission to assist in the development of the preferred drug lists or in the administration of the Medicaid Drug Utilization Review Program.

(b) The executive commissioner may implement this section by adopting rules that identify prohibited relationships and conflicts or requiring the board to develop a conflict-of-interest policy that applies to the board.

(d) Sections 531.072(c) and (e), Government Code, are amended to read as follows:

(c) In making a decision regarding the placement of a drug on each of the preferred drug lists, the commission shall consider:

(1) the recommendations of the Drug Utilization Review Board [~~Pharmaceutical and Therapeutics Committee established~~] under Section 531.0736 [~~531.074~~];

(2) the clinical efficacy of the drug;

(3) the price of competing drugs after deducting any federal and state rebate amounts; and

(4) program benefit offerings solely or in conjunction with rebates and other pricing information.

(e) In this subsection, "labeler" and "manufacturer" have the meanings assigned by Section 531.070. The commission shall ensure that:

(1) a manufacturer or labeler may submit written evidence supporting the inclusion of a drug on the preferred drug lists before a supplemental agreement is reached with the commission; and

(2) any drug that has been approved or has had any of its particular uses approved by the United States Food and Drug Administration under a priority review classification will be reviewed by the Drug Utilization Review Board [~~Pharmaceutical and Therapeutics Committee~~] at the next regularly scheduled meeting of the board [~~committee~~]. On receiving notice from a manufacturer or labeler of the availability of a new product, the commission, to the extent possible, shall schedule a review for the product at the next regularly scheduled meeting of the board [~~committee~~].

(e) Section 531.073(b), Government Code, is amended to read as follows:

(b) The commission shall establish procedures for the prior authorization requirement under the Medicaid vendor drug program to ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) and its subsequent amendments are met. Specifically, the procedures must ensure that:

(1) a prior authorization requirement is not imposed for a drug before the drug has been considered at a meeting of the Drug Utilization Review Board [~~Pharmaceutical and Therapeutics Committee established~~] under Section 531.0736 [~~531.074~~];

(2) there will be a response to a request for prior authorization by telephone or other telecommunications device within 24 hours after receipt of a request for prior authorization; and

(3) a 72-hour supply of the drug prescribed will be provided in an emergency or if the commission does not provide a response within the time required by Subdivision (2).

(f) Section 531.0741, Government Code, is amended to read as follows:

Sec. 531.0741. PUBLICATION OF INFORMATION REGARDING COMMISSION DECISIONS ON PREFERRED DRUG LIST PLACEMENT. The commission shall publish on the commission's Internet website any decisions on preferred drug list placement, including:

(1) a list of drugs reviewed and the commission's decision for or against placement on a preferred drug list of each drug reviewed;

(2) for each recommendation, whether a supplemental rebate agreement or a program benefit agreement was reached under Section 531.070; and

(3) the rationale for any departure from a recommendation of the Drug Utilization Review Board [~~pharmaceutical and therapeutics committee established~~] under Section 531.0736 [~~531.074~~].

(g) Section 531.074, Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

(h) The term of a member serving on the Medicaid Drug Utilization Review Board on January 1, 2016, expires on February 29, 2016. Not later than March 1, 2016, the executive commissioner of the Health and Human Services Commission shall appoint the initial members to the Drug Utilization Review Board in accordance with Section 531.0736, Government Code, as added by this article, for terms beginning March 1, 2016. In making the initial appointments and notwithstanding Section 531.0736(e), Government Code, as added by this article, the executive commissioner shall designate as close to one-half as possible of the members to serve for terms expiring March 1, 2018, and the remaining members to serve for terms expiring March 1, 2020.

(i) Not later than February 1, 2016, and before making initial appointments to the Drug Utilization Review Board as provided by Subsection (h) of this section, the executive commissioner of the Health and Human Services Commission shall adopt and implement the application process required under Section 531.0736(c-1), Government Code, as added by this article.

(j) Not later than May 1, 2016, and except as provided by Subsection (i) of this section, the executive commissioner of the Health and Human Services Commission shall adopt or amend rules as necessary to reflect the changes in law made to the Drug Utilization Review Board under Section 531.0736, Government Code, as added by this article, including rules that reflect the changes to the board's functions and composition.

SECTION 2.09. The heading to Subchapter D, Chapter 531, Government Code, is amended to read as follows:

SUBCHAPTER D. PLAN TO SUPPORT GUARDIANSHIPS [~~GUARDIANSHIP ADVISORY BOARD~~]

SECTION 2.10. Section 531.124, Government Code, is amended to read as follows:

Sec. 531.124. COMMISSION DUTIES. The [~~(a)~~ ~~With the advice of the advisory board, the~~] commission shall develop and, subject to appropriations, implement a plan to:

(1) ensure that each incapacitated individual in this state who needs a guardianship or another less restrictive type of assistance to make decisions concerning the incapacitated individual's own welfare and financial affairs receives that assistance; and

(2) foster the establishment and growth of local volunteer guardianship programs.

[~~(b)~~ The advisory board shall biennially review and comment on the minimum standards adopted under Section 111.041 and the plan implemented under Subsection (a) and shall include its conclusions in the report submitted under Section 531.1235.]

SECTION 2.11. Section 531.907(a), Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) Based on [~~the recommendations of the advisory committee established under Section 531.904 and~~] feedback provided by interested parties, the commission in stage two of implementing the health information exchange system may expand the system by:

(1) providing an electronic health record for each child enrolled in the child health plan program;

(2) including state laboratory results information in an electronic health record, including the results of newborn screenings and tests conducted under the Texas Health Steps program, based on the system developed for the health passport under Section 266.006, Family Code;

(3) improving data-gathering capabilities for an electronic health record so that the record may include basic health and clinical information in addition to available claims information, as determined by the executive commissioner;

(4) using evidence-based technology tools to create a unique health profile to alert health care providers regarding the need for additional care, education, counseling, or health management activities for specific patients; and

(5) continuing to enhance the electronic health record created for each Medicaid recipient as technology becomes available and interoperability capabilities improve.

SECTION 2.12. Section 531.909, Government Code, is amended to read as follows:

Sec. 531.909. INCENTIVES. The commission [~~and the advisory committee established under Section 531.904~~] shall develop strategies to encourage health care providers to use the health information exchange system, including incentives, education, and outreach tools to increase usage.

SECTION 2.13. Section 533.00251(c), Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(c) Subject to Section 533.0025 and notwithstanding any other law, the commission[~~, in consultation with the advisory committee,~~] shall provide benefits under Medicaid to recipients who reside in nursing facilities through the STAR + PLUS Medicaid managed care program. In implementing this subsection, the commission shall ensure:

(1) that the commission is responsible for setting the minimum reimbursement rate paid to a nursing facility under the managed care program, including the staff rate enhancement paid to a nursing facility that qualifies for the enhancement;

(2) that a nursing facility is paid not later than the 10th day after the date the facility submits a clean claim;

(3) the appropriate utilization of services consistent with criteria established by the commission;

(4) a reduction in the incidence of potentially preventable events and unnecessary institutionalizations;

(5) that a managed care organization providing services under the managed care program provides discharge planning, transitional care, and other education programs to physicians and hospitals regarding all available long-term care settings;

(6) that a managed care organization providing services under the managed care program:

(A) assists in collecting applied income from recipients; and

(B) provides payment incentives to nursing facility providers that reward reductions in preventable acute care costs and encourage transformative efforts in the delivery of nursing facility services, including efforts to promote a resident-centered care culture through facility design and services provided;

(7) the establishment of a portal that is in compliance with state and federal regulations, including standard coding requirements, through which nursing facility providers participating in the STAR + PLUS Medicaid managed care program may submit claims to any participating managed care organization;

(8) that rules and procedures relating to the certification and decertification of nursing facility beds under Medicaid are not affected; and

(9) that a managed care organization providing services under the managed care program, to the greatest extent possible, offers nursing facility providers access to:

(A) acute care professionals; and

(B) telemedicine, when feasible and in accordance with state law, including rules adopted by the Texas Medical Board.

SECTION 2.14. Section 533.00253, Government Code, is amended by amending Subsection (b), as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, and Subsection (f) to read as follows:

(b) Subject to Section 533.0025, the commission shall, in consultation with the [~~advisory committee and the~~] Children's Policy Council established under Section 22.035, Human Resources Code, establish a mandatory STAR Kids capitated managed care program tailored to provide Medicaid benefits to children with disabilities. The managed care program developed under this section must:

(1) provide Medicaid benefits that are customized to meet the health care needs of recipients under the program through a defined system of care;

(2) better coordinate care of recipients under the program;

(3) improve the health outcomes of recipients;

(4) improve recipients' access to health care services;

(5) achieve cost containment and cost efficiency;

(6) reduce the administrative complexity of delivering Medicaid benefits;

(7) reduce the incidence of unnecessary institutionalizations and potentially preventable events by ensuring the availability of appropriate services and care management;

(8) require a health home; and

(9) coordinate and collaborate with long-term care service providers and long-term care management providers, if recipients are receiving long-term services and supports outside of the managed care organization.

(f) The commission shall seek ongoing input from the Children's Policy Council regarding the establishment and implementation of the STAR Kids managed care program. This subsection expires on the date the Children's Policy Council is abolished under Section 22.035(n), Human Resources Code.

SECTION 2.15. Section 533.00254(f), Government Code, is amended to read as follows:

(f) On the first anniversary of the date the commission completes implementation of the STAR Kids Medicaid managed care program under Section 533.00253 [~~September 1, 2016~~]:

(1) the advisory committee is abolished; and

(2) this section expires.

SECTION 2.16. Section 533.00256(a), Government Code, is amended to read as follows:

(a) In consultation with [~~the Medicaid and CHIP Quality-Based Payment Advisory Committee established under Section 536.002 and other~~] appropriate stakeholders with an interest in the provision of acute care services and long-term services and supports under the Medicaid managed care program, the commission shall:

(1) establish a clinical improvement program to identify goals designed to improve quality of care and care management and to reduce potentially preventable events, as defined by Section 536.001; and

(2) require managed care organizations to develop and implement collaborative program improvement strategies to address the goals.

SECTION 2.17. Section 534.053(g), Government Code, is amended to read as follows:

(g) On the one-year anniversary of the date the commission completes implementation of the transition required under Section 534.202 [~~January 1, 2024~~]:

(1) the advisory committee is abolished; and

(2) this section expires.

SECTION 2.18. Section 535.053, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) The interagency coordinating group for faith- and community-based initiatives is composed of each faith- and community-based liaison designated under Section 535.051 and a liaison from the State Commission on National and Community Service. [~~The commission shall provide administrative support to the interagency coordinating group.~~]

(a-1) Service on the interagency coordinating group is an additional duty of the office or position held by each person designated as a liaison under Section 531.051(b). The state agencies described by Section 535.051(b) shall provide administrative support for the interagency coordinating group as coordinated by the presiding officer.

SECTION 2.19. Sections 535.055(a) and (b), Government Code, are amended to read as follows:

(a) The Texas Nonprofit Council is established to help direct the interagency coordinating group in carrying out the group's duties under this section. The state agencies of the interagency coordinating group described by Section 531.051(b) [~~commission~~] shall provide administrative support to the council as coordinated by the presiding officer of the interagency coordinating group.

(b) The governor [~~executive commissioner~~], in consultation with the presiding officer of the interagency coordinating group, shall appoint as members of the council two representatives from each of the following groups and entities to represent each group's and entity's appropriate sector:

(1) statewide nonprofit organizations;

(2) local governments;

(3) faith-based groups, at least one of which must be a statewide interfaith group;

(4) community-based groups;

(5) consultants to nonprofit corporations; and

(6) statewide associations of nonprofit organizations.

SECTION 2.20. Section 535.104(a), Government Code, is amended to read as follows:

(a) The commission shall:

(1) contract with the State Commission on National and Community Service to administer funds appropriated from the account in a manner that:

(A) consolidates the capacity of and strengthens national service and community and faith- and community-based initiatives; and

(B) leverages public and private funds to benefit this state;

(2) develop a competitive process to be used in awarding grants from account funds that is consistent with state law and includes objective selection criteria;

(3) oversee the delivery of training and other assistance activities under this subchapter;

(4) develop criteria limiting awards of grants under Section 535.105(1)(A) to small and medium-sized faith- and community-based organizations that provide charitable services to persons in this state;

(5) establish general state priorities for the account;

(6) establish and monitor performance and outcome measures for persons to whom grants are awarded under this subchapter; and

(7) establish policies and procedures to ensure that any money appropriated from the account to the commission that is allocated to build the capacity of a faith-based organization or for a faith-based initiative[~~, including money allocated for the establishment of the advisory committee under Section 535.108,~~] is not used to advance a sectarian purpose or to engage in any form of proselytization.

SECTION 2.21. Section 536.001(20), Government Code, is amended to read as follows:

(20) "Potentially preventable readmission" means a return hospitalization of a person within a period specified by the commission that may have resulted from deficiencies in the care or treatment provided to the person during a previous hospital stay or from deficiencies in post-hospital discharge follow-up. The term does not include a hospital readmission necessitated by the occurrence of unrelated events after the discharge. The term includes the readmission of a person to a hospital for:

(A) the same condition or procedure for which the person was previously admitted;

(B) an infection or other complication resulting from care previously provided;

(C) a condition or procedure that indicates that a surgical intervention performed during a previous admission was unsuccessful in achieving the anticipated outcome; or

(D) another condition or procedure of a similar nature, as determined by the executive commissioner [~~after consulting with the advisory committee~~].

SECTION 2.22. Section 536.003(a), Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) The commission[~~, in consultation with the advisory committee,~~] shall develop quality-based outcome and process measures that promote the provision of efficient, quality health care and that can be used in the child health plan program and Medicaid to implement quality-based payments for acute care services and long-term services and supports across all delivery models and payment systems, including fee-for-service and managed care payment systems. Subject to Subsection (a-1), the commission, in developing outcome and process measures under this section, must include measures that are based on potentially preventable events and that advance quality improvement and innovation. The commission may change measures developed:

(1) to promote continuous system reform, improved quality, and reduced costs; and

(2) to account for managed care organizations added to a service area.

SECTION 2.23. Section 536.004(a), Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) Using quality-based outcome and process measures developed under Section 536.003 and subject to this section, the commission, after consulting with [~~the advisory committee and other~~] appropriate stakeholders with an interest in the provision of acute care and long-term services and supports under the child health plan program and Medicaid, shall develop quality-based payment systems, and require managed care organizations to develop quality-based payment systems, for compensating a physician or other health care provider participating in the child health plan program or Medicaid that:

(1) align payment incentives with high-quality, cost-effective health care;

(2) reward the use of evidence-based best practices;

(3) promote the coordination of health care;

(4) encourage appropriate physician and other health care provider collaboration;

(5) promote effective health care delivery models; and

(6) take into account the specific needs of the child health plan program enrollee and Medicaid recipient populations.

SECTION 2.24. Section 536.006(a), Government Code, is amended to read as follows:

(a) The commission [~~and the advisory committee~~] shall:

(1) ensure transparency in the development and establishment of:

(A) quality-based payment and reimbursement systems under Section 536.004 and Subchapters B, C, and D, including the development of outcome and process measures under Section 536.003; and

(B) quality-based payment initiatives under Subchapter E, including the development of quality of care and cost-efficiency benchmarks under Section 536.204(a) and efficiency performance standards under Section 536.204(b);

(2) develop guidelines establishing procedures for providing notice and information to, and receiving input from, managed care organizations, health care providers, including physicians and experts in the various medical specialty fields, and other stakeholders, as appropriate, for purposes of developing and establishing the quality-based payment and reimbursement systems and initiatives described under Subdivision (1);

(3) in developing and establishing the quality-based payment and reimbursement systems and initiatives described under Subdivision (1), consider that as the performance of a managed care organization or physician or other health care provider improves with respect to an outcome or process measure, quality of care and cost-efficiency benchmark, or efficiency performance standard, as applicable, there will be a diminishing rate of improved performance over time; and

(4) develop web-based capability to provide managed care organizations and health care providers with data on their clinical and utilization performance, including comparisons to peer organizations and providers located in this state and in the provider's respective region.

SECTION 2.25. Section 536.052(b), Government Code, is amended to read as follows:

(b) The commission[~~, after consulting with the advisory committee,~~] shall develop quality of care and cost-efficiency benchmarks, including benchmarks based on a managed care organization's performance with respect to reducing potentially preventable events and containing the growth rate of health care costs.

SECTION 2.26. Section 536.102(a), Government Code, is amended to read as follows:

(a) Subject to this subchapter, the commission[~~, after consulting with the advisory committee,~~] may develop and implement quality-based payment systems for health homes designed to improve quality of care and reduce the provision of unnecessary medical services. A quality-based payment system developed under this section must:

(1) base payments made to a participating enrollee's health home on quality and efficiency measures that may include measurable wellness and prevention criteria and use of evidence-based best practices, sharing a portion of any realized cost savings achieved by the health home, and ensuring quality of care outcomes, including a reduction in potentially preventable events; and

(2) allow for the examination of measurable wellness and prevention criteria, use of evidence-based best practices, and quality of care outcomes based on the type of primary or specialty care provider practice.

SECTION 2.27. Section 536.152(a), Government Code, is amended to read as follows:

(a) Subject to Subsection (b), using the data collected under Section 536.151 and the diagnosis-related groups (DRG) methodology implemented under Section 536.005, if applicable, the commission[~~, after consulting with the advisory committee,~~] shall to the extent feasible adjust child health plan and Medicaid reimbursements to hospitals, including payments made under the disproportionate share hospitals and upper payment limit supplemental payment programs, based on the hospital's performance with respect to exceeding, or failing to achieve, outcome and process measures developed under Section 536.003 that address the rates of potentially preventable readmissions and potentially preventable complications.

SECTION 2.28. Section 536.202(a), Government Code, is amended to read as follows:

(a) The commission shall[~~, after consulting with the advisory committee,~~] establish payment initiatives to test the effectiveness of quality-based payment systems, alternative payment methodologies, and high-quality, cost-effective health care delivery models that provide incentives to physicians and other health care providers to develop health care interventions for child health plan program enrollees or Medicaid recipients, or both, that will:

(1) improve the quality of health care provided to the enrollees or recipients;

(2) reduce potentially preventable events;

(3) promote prevention and wellness;

(4) increase the use of evidence-based best practices;

(5) increase appropriate physician and other health care provider collaboration;

(6) contain costs; and

(7) improve integration of acute care services and long-term services and supports, including discharge planning from acute care services to community-based long-term services and supports.

SECTION 2.29. Section 536.204(a), Government Code, is amended to read as follows:

(a) The executive commissioner shall[:

[~~(1)~~ ~~consult with the advisory committee to~~] develop quality of care and cost-efficiency benchmarks and measurable goals that a payment initiative must meet to ensure high-quality and cost-effective health care services and healthy outcomes[~~; and~~

[~~(2)~~ ~~approve benchmarks and goals developed as provided by Subdivision (1)~~].

SECTION 2.30. Section 536.251(a), Government Code, is amended to read as follows:

(a) Subject to this subchapter, the commission, after consulting with [~~the advisory committee and other~~] appropriate stakeholders representing nursing facility providers with an interest in the provision of long-term services and supports, may develop and implement quality-based payment systems for Medicaid long-term services and supports providers designed to improve quality of care and reduce the provision of unnecessary services. A quality-based payment system developed under this section must base payments to providers on quality and efficiency measures that may include measurable wellness and prevention criteria and use of evidence-based best practices, sharing a portion of any realized cost savings achieved by the provider, and ensuring quality of care outcomes, including a reduction in potentially preventable events.

SECTION 2.31. Section 538.052(a), Government Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) Subject to Subsection (b), the commission shall solicit and accept suggestions for clinical initiatives, in either written or electronic form, from:

(1) a member of the state legislature;

(2) the executive commissioner;

(3) the commissioner of aging and disability services;

(4) the commissioner of state health services;

(5) the commissioner of the Department of Family and Protective Services;

(6) the commissioner of assistive and rehabilitative services;

(7) the medical care advisory committee established under Section 32.022, Human Resources Code; and

(8) the physician payment advisory committee created under Section 32.022(d), Human Resources Code[~~; and~~

[~~(9)~~ ~~the Electronic Health Information Exchange System Advisory Committee established under Section 531.904~~].

SECTION 2.32. Sections 1002.060(c) and (e), Health and Safety Code, are amended to read as follows:

(c) The commission, department, or institute or an officer or employee of the commission, department, or institute[~~, including a board member,~~] may not disclose any information that is confidential under this section.

(e) An officer or employee of the commission, department, or institute[~~, including a board member,~~] may not be examined in a civil, criminal, special, administrative, or other proceeding as to information that is confidential under this section.

SECTION 2.33. Section 1002.061, Health and Safety Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:

(c) Except as otherwise provided by law, each of the following state agencies or systems [~~agency represented on the board as a nonvoting member~~] shall provide funds to support the institute and implement this chapter:

(1) the department;

(2) the commission;

(3) the Texas Department of Insurance;

(4) the Employees Retirement System of Texas;

(5) the Teacher Retirement System of Texas;

(6) the Texas Medical Board;

(7) the Department of Aging and Disability Services;

(8) the Texas Workforce Commission;

(9) the Texas Higher Education Coordinating Board; and

(10) each state agency or system of higher education that purchases or provides health care services, as determined by the governor.

(c-1) The commission shall establish a funding formula to determine the level of support each state agency or system listed in Subsection (c) is required to provide.

SECTION 2.34. Section 22.035, Human Resources Code, is amended by adding Subsection (n) to read as follows:

(n) The work group is abolished and this section expires September 1, 2017.

SECTION 2.35. (a) Section 32.022(b), Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(b) The executive commissioner shall appoint the committee in compliance with the requirements of the federal agency administering medical assistance. The appointments shall:

(1) provide for a balanced representation of the general public, providers, consumers, and other persons, state agencies, or groups with knowledge of and interest in the committee's field of work; and

(2) include one member who is the representative of a managed care organization.

(b) Not later than January 1, 2016, the executive commissioner of the Health and Human Services Commission shall appoint an additional member to the medical care advisory committee in accordance with Section 32.022(b)(2), Human Resources Code, as added by this article.

SECTION 2.36. Section 32.0641(a), Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a) To the extent permitted under and in a manner that is consistent with Title XIX, Social Security Act (42 U.S.C. Section 1396 et seq.) and any other applicable law or regulation or under a federal waiver or other authorization, the executive commissioner shall adopt[~~, after consulting with the Medicaid and CHIP Quality-Based Payment Advisory Committee established under Section 536.002, Government Code,~~] cost-sharing provisions that encourage personal accountability and appropriate utilization of health care services, including a cost-sharing provision applicable to a recipient who chooses to receive a nonemergency medical service through a hospital emergency room.

SECTION 2.37. Section 1352.004(b), Insurance Code, is amended to read as follows:

(b) The commissioner by rule shall require a health benefit plan issuer to provide adequate training to personnel responsible for preauthorization of coverage or utilization review under the plan. The purpose of the training is to prevent denial of coverage in violation of Section 1352.003 and to avoid confusion of medical benefits with mental health benefits. The commissioner[~~, in consultation with the Texas Traumatic Brain Injury Advisory Council,~~] shall prescribe by rule the basic requirements for the training described by this subsection.

SECTION 2.38. Section 1352.005(b), Insurance Code, is amended to read as follows:

(b) The commissioner[~~, in consultation with the Texas Traumatic Brain Injury Advisory Council,~~] shall prescribe by rule the specific contents and wording of the notice required under this section.

SECTION 2.39. (a) The following provisions of the Government Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:

(1) Section 531.0217(j);

(2) Section 531.02172;

(3) Section 531.02173(c);

(4) Section 531.052;

(5) Section 531.0571;

(6) Section 531.068;

(7) Sections 531.121(1), (5), and (6);

(8) Section 531.122;

(9) Section 531.123;

(10) Section 531.1235;

(11) Section 531.251;

(12) Subchapters R and T, Chapter 531;

(13) Section 531.904;

(14) Section 533.00251(a)(1);

(15) Section 533.00252;

(16) Sections 533.00255(e) and (f);

(17) Section 533.00285;

(18) Subchapters B and C, Chapter 533;

(19) Section 535.055(f);

(20) Section 535.108;

(21) Section 536.001(1);

(22) the heading to Section 536.002;

(23) Sections 536.002(a) and (c);

(24) Section 536.002(b), as amended by Article 1 of this Act; and

(25) Section 536.007(b).

(b) The following provisions of the Health and Safety Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:

(1) Subchapter C, Chapter 32;

(2) Section 62.151(e);

(3) Section 62.1571(c);

(4) Section 81.010;

(5) Section 92.011;

(6) Subchapter B, Chapter 92;

(7) Chapter 115;

(8) Section 1002.001(1);

(9) Section 1002.051;

(10) Section 1002.052;

(11) Section 1002.053;

(12) Section 1002.055;

(13) Section 1002.056;

(14) Section 1002.057;

(15) Section 1002.058; and

(16) Section 1002.059.

(c) Section 32.022(e), Human Resources Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

SECTION 2.40. On the effective date of this article, the following advisory committees are abolished:

(1) the advisory committee on Medicaid and child health plan program rate and expenditure disparities;

(2) the Advisory Committee on Qualifications for Health Care Translators and Interpreters;

(3) the Behavioral Health Integration Advisory Committee;

(4) the Consumer Direction Work Group;

(5) the Council on Children and Families;

(6) the Electronic Health Information Exchange System Advisory Committee;

(7) the Guardianship Advisory Board;

(8) the hospital payment advisory committee;

(9) the Interagency Coordinating Council for HIV and Hepatitis;

(10) the Medicaid and CHIP Quality-Based Payment Advisory Committee;

(11) each Medicaid managed care advisory committee appointed for a health care service region under Subchapter B, Chapter 533, Government Code;

(12) the Public Assistance Health Benefit Review and Design Committee;

(13) the renewing our communities account advisory committee;

(14) the STAR + PLUS Nursing Facility Advisory Committee;

(15) the STAR + PLUS Quality Council;

(16) the state Medicaid managed care advisory committee;

(17) the task force on domestic violence;

(18) the Interagency Task Force for Children With Special Needs;

(19) the telemedicine and telehealth advisory committee;

(20) the board of directors of the Texas Institute of Health Care Quality and Efficiency;

(21) the Texas System of Care Consortium;

(22) the Texas Traumatic Brain Injury Advisory Council; and

(23) the volunteer advocate program advisory committee.

SECTION 2.41. (a) Not later than November 1, 2015, the executive commissioner of the Health and Human Services Commission shall publish in the Texas Register:

(1) a list of the new advisory committees established or to be established as a result of this article, including the advisory committees required under Section 531.012(a), Government Code, as amended by this article; and

(2) a list that identifies the advisory committees listed in Section 2.40 of this article:

(A) that will not be continued in any form; or

(B) whose functions will be assumed by a new advisory committee established under Section 531.012(a), Government Code, as amended by this article.

(b) The executive commissioner of the Health and Human Services Commission shall ensure that an advisory committee established under Section 531.012(a), Government Code, as amended by this article, begins operations immediately on its establishment to ensure ongoing public input and engagement.

SECTION 2.42. Except as otherwise provided by this article, this article takes effect January 1, 2016.

ARTICLE 3. TRANSITION, FEDERAL AUTHORIZATION, AND GENERAL EFFECTIVE DATE

SECTION 3.01. If an entity that is abolished by this Act has property, records, or other assets, the Health and Human Services Commission shall take custody of the entity's property, records, or other assets.

SECTION 3.02. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 3.03. Except as otherwise provided by this Act, this Act takes effect September 1, 2015.

Floor Amendment No. 1

Amend CSSB 277 (house committee printing) as follows:

(1) Add the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumber the SECTIONS of that ARTICLE accordingly:

SECTION 1.___. Section 40.030, Human Resources Code, is amended to read as follows:

Sec. 40.030. ADVISORY COMMITTEES. (a) The executive commissioner or the executive commissioner's designee may appoint advisory committees in accordance with Chapter 2110, Government Code.

(b) The executive commissioner shall adopt rules, in compliance with Chapter 2110, Government Code, regarding the purpose, structure, and use of advisory committees by the department. The rules may include provisions governing:

(1) an advisory committee's size and quorum requirements;

(2) qualifications for membership of an advisory committee, including:

(A) requirements relating to experience and geographic representation; and

(B) requirements for the department to include as members of advisory committees youth who have aged out of foster care and parents who have successfully completed family service plans and whose children were returned to the parents, as applicable;

(3) appointment procedures for an advisory committee;

(4) terms for advisory committee members; and

(5) compliance with Chapter 551, Government Code.

(2) On page 45, line 14, between the period and "(a)", add the following appropriately lettered subsection and reletter the subsections of SECTION 2.39 accordingly:

(__) Section 162.309, Family Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is repealed.

(3) On page 47, line 9, strike "is" and substitute "and Section 40.073, Human Resources Code, are".

Floor Amendment No. 2

Amend CSSB 277 (house committee printing) as follows:

(1) On page 45, strike line 27 and renumber subsequent subdivisions of SECTION 2.39(a) of the bill accordingly.

(2) On page 48, strike line 21 and renumber subsequent subdivisions of SECTION 2.40 of the bill accordingly.

Floor Amendment No. 3

Amend CSSB 277 (house committee printing) as follows:

(1) Add the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumber subsequent SECTIONS of that ARTICLE accordingly:

SECTION 1.___. (a) The Texas Institute of Health Care Quality and Efficiency is abolished.

(b) Section 98.1046(a), Health and Safety Code, is amended to read as follows:

(a) The [~~In consultation with the Texas Institute of Health Care Quality and Efficiency under Chapter 1002, the~~] department, using data submitted under Chapter 108, shall publicly report for hospitals in this state risk-adjusted outcome rates for those potentially preventable complications and potentially preventable readmissions that the department[~~, in consultation with the institute,~~] has determined to be the most effective measures of quality and efficiency.

(a) The [~~In consultation with the Texas Institute of Health Care Quality and Efficiency under Chapter 1002, the~~] department shall study which adverse health conditions commonly occur in long-term care facilities and, of those health conditions, which are potentially preventable.

(d) Section 98.1065, Health and Safety Code, is amended to read as follows:

Sec. 98.1065. STUDY OF INCENTIVES AND RECOGNITION FOR HEALTH CARE QUALITY. The department[~~, in consultation with the Texas Institute of Health Care Quality and Efficiency under Chapter 1002,~~] shall conduct a study on developing a recognition program to recognize exemplary health care facilities for superior quality of health care and make recommendations based on that study.

(e) The following provisions are repealed:

(1) Chapter 1002, Health and Safety Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015; and

(2) Section 848.001(7), Insurance Code.

(2) Strike page 42, line 11 through page 43, line 15 and renumber subsequent SECTIONS of that ARTICLE accordingly.

(3) Strike page 46, line 24 through page 47, line 7 and substitute the following:

(6) Subchapter B, Chapter 92; and

(7) Chapter 115.

Floor Amendment No. 1 on Third Reading

Amend SB 277 on third reading by adding the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering SECTIONS of ARTICLE 1 accordingly:

SECTION 1.____. (a) The stakeholder workgroup established in connection with the jail-based restoration of competency pilot program is abolished.

(b) Article 46B.073(e), Code of Criminal Procedure, is amended to read as follows:

(e) Notwithstanding Subsections (b), (c), and (d) and notwithstanding the contents of the applicable order of commitment, in a county in which the department operates a jail-based restoration of competency pilot program under Article 46B.090, a defendant for whom an order is issued under this article committing the defendant to a mental health facility or residential care facility shall be provided competency restoration services at the jail under the pilot program if the service provider at the jail determines the defendant will immediately begin to receive services. If the service provider at the jail determines the defendant will not immediately begin to receive competency restoration services, the defendant shall be transferred to the appropriate mental health facility or residential care facility as provided by the court order. This subsection expires September 1, 2019 [~~2017~~].

(c) Not later than November 1, 2013, the commissioner of the department[~~, in consultation with a stakeholder workgroup established by the department as provided by Subsection (d),~~] shall adopt rules as necessary to implement the pilot program. In adopting rules under this article, the commissioner shall specify the types of information the department must collect during the operation of the pilot program for use in evaluating the outcome of the pilot program.

(o) This article expires September 1, 2019 [~~2017~~].

(d) Subsections (d) and (e), Article 46B.090, Code of Criminal Procedure, are repealed.

The amendments were read.

Senator Schwertner moved to concur in the House amendments to SB 277.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Watson.

SENATE BILL 593 WITH HOUSE AMENDMENT

Senator Watson called SB 593 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 593 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to pretrial settlement discussions during ad valorem tax appeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by adding Section 42.227 to read as follows:

Sec. 42.227. PRETRIAL SETTLEMENT DISCUSSIONS. (a) A property owner or appraisal district that is a party to an appeal under this chapter may request that the parties engage in settlement discussions, including through an informal settlement conference or a form of alternative dispute resolution. The request must be in writing and delivered to the other party before the date of trial. The court on motion of either party shall enter orders necessary to implement this section, including an order:

(1) specifying the form that the settlement discussions must take; or

(2) changing a deadline to designate experts prescribed by Subsection (c).

(b) On or before the 120th day after the date the written request is delivered under Subsection (a), each party or the party's attorney of record shall attend the settlement discussions and make a good faith effort to resolve the matter under appeal.

(c) If the appraisal district is unable for any reason to attend the settlement discussions on or before the 120th day after the date the written request is delivered under Subsection (a), the deadline to designate experts for the appeal is, notwithstanding a deadline prescribed by the Texas Rules of Civil Procedure:

(1) with regard to all experts testifying for a party seeking affirmative relief, 60 days before the date of trial; and

(2) with regard to all other experts, 30 days before the date of trial.

(d) If a property owner is unable for any reason to attend the settlement discussions on or before the 120th day after the date the written request is delivered under Subsection (a), Section 42.23(d) does not apply to the parties to the appeal.

(e) An appraisal district may not request or require a property owner to waive a right under this title as a condition of attending a settlement discussion.

SECTION 2. The changes in law made by this Act apply only to an appeal filed under Chapter 42, Tax Code, on or after the effective date of this Act. An appeal filed under Chapter 42, Tax Code, before the effective date of this Act is governed by the law applicable to the appeal immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

The amendment was read.

Senator Watson moved to concur in the House amendment to SB 593.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Birdwell, Burton, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Garcia, Hall, Hancock, Hinojosa, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays: Huffines.

Present-not voting: Bettencourt.

SENATE BILL 208 WITH HOUSE AMENDMENTS

Senator Campbell called SB 208 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 208 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the continuation and functions of the Texas Workforce Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 132, Education Code, is amended by adding Section 132.025 to read as follows:

Sec. 132.025. REQUIRED POSTING. To facilitate a prospective student's informed selection among career schools and colleges, the commission shall include in its searchable directory of career schools and colleges maintained on its Internet website information regarding any formal enforcement action taken by the commission against a school or college, including:

(1) any revocation of the school's or college's certificate of authority;

(2) any assessment of administrative penalties against the school or college; and

(3) any suspension of admission of students to the school or college.

SECTION 2. Section 1001.104, Education Code, is amended to read as follows:

Sec. 1001.104. HOSPITAL AND REHABILITATION FACILITIES. (a) The agency shall enter into a memorandum of understanding with the state agency responsible for administering the vocational rehabilitation program under Subtitle C, Title 4, Labor Code, [~~Texas Rehabilitation Commission~~] and the department for the interagency development of curricula and licensing criteria for hospital and rehabilitation facilities that teach driver education.

(b) The agency shall administer comprehensive rules governing driver education courses adopted by mutual agreement among the agency, the state agency responsible for administering the vocational rehabilitation program under Subtitle C, Title 4, Labor Code [~~Texas Rehabilitation Commission~~], and the department.

SECTION 3. The heading to Section 411.104, Government Code, is amended to read as follows:

Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS WORKFORCE COMMISSION; SECURITY SENSITIVE POSITIONS.

SECTION 4. Effective September 1, 2016, Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.1041 to read as follows:

Sec. 411.1041. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS WORKFORCE COMMISSION; VOCATIONAL REHABILITATION AND OTHER SERVICES. (a) The Texas Workforce Commission, in connection with the administration of vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:

(1) an applicant selected for employment with the commission whose potential duties include direct contact with clients to provide those services;

(2) an applicant for those services from the commission; or

(3) a client receiving those services from the commission.

(b) Criminal history record information obtained by the commission under Subsection (a) may not be released or disclosed to any person except on court order or with the written consent of the person who is the subject of the criminal history record information.

SECTION 5. Section 2308.3155(b), Government Code, is amended to read as follows:

(b) The commission shall adopt rules to administer the Texas Rising Star Program, including:

(1) guidelines for rating a child-care provider who provides child care to a child younger than 13 years of age, including infants and toddlers, enrolled in the subsidized program; and

(2) a timeline and process for regularly reviewing and updating the quality standards used to determine the rating system that includes the commission's consideration of input from interested parties regarding those standards.

SECTION 6. Effective September 1, 2016, Subchapter C, Chapter 91, Human Resources Code, is amended by adding Section 91.0211 to read as follows:

Sec. 91.0211. SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION. The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 91.021(a) and subject to receipt of any required federal approval to administer those services and programs. A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs.

SECTION 7. Effective September 1, 2016, Subchapter C, Chapter 111, Human Resources Code, is amended by adding Section 111.0511 to read as follows:

Sec. 111.0511. SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION. The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 111.051 and subject to receipt of any required federal approval to administer those services and programs. A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs. All other state agencies engaged in vocational rehabilitation services or related services or programs shall coordinate those activities with the Texas Workforce Commission.

SECTION 8. Effective September 1, 2016, Subchapter D, Chapter 117, Human Resources Code, is amended by adding Section 117.0713 to read as follows:

Sec. 117.0713. SERVICE DELIVERY BY TEXAS WORKFORCE COMMISSION. The Texas Workforce Commission has primary responsibility for providing vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, notwithstanding Section 117.071 and subject to receipt of any required federal approval to administer those services and programs. A power or duty under this chapter, including rulemaking authority, of the department, the commissioner, or the executive commissioner that is applicable to those services or programs is a power or duty of the Texas Workforce Commission with respect to those services or programs.

SECTION 9. Section 21.0015, Labor Code, is amended to read as follows:

Sec. 21.0015. TEXAS WORKFORCE COMMISSION [~~CIVIL RIGHTS DIVISION~~]. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission [~~civil rights division~~]. A reference in this chapter to the "commission" means the Texas Workforce Commission [~~civil rights division~~].

SECTION 10. Section 21.206, Labor Code, is amended to read as follows:

Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY COMMISSION [~~PANEL~~]. (a) If after investigation the executive director or the executive director's designee determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice as alleged in a complaint, the executive director or the executive director's designee shall review with the commission members [~~a panel of three commissioners~~] the evidence in the record.

(b) If after the review at least two of the three commission members [~~commissioners~~] determine that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice, the executive director shall:

(1) issue a written determination incorporating the executive director's finding that the evidence supports the complaint; and

(2) serve a copy of the determination on the complainant, the respondent, and other agencies as required by law.

SECTION 11. Section 21.453, Labor Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), the [~~The~~] commission shall review the personnel policies and procedures of each state agency on a six-year cycle to determine whether the policies and procedures comply with this chapter.

(a-1) The commission by rule shall develop risk-assessment criteria for determining the circumstances under which the commission may conduct a review of the personnel policies and procedures of a state agency more frequently than required by Subsection (a). The risk-assessment criteria must include:

(1) data on complaints against a state agency;

(2) previous review findings; and

(3) any other related information collected and maintained by the commission.

SECTION 12. Section 21.455, Labor Code, is amended by adding Subsection (d) to read as follows:

(d) Annually, the commission shall:

(1) review the reimbursements received by the commission under this section to ensure that the commission recovers the expenses described by Subsection (a); and

(2) adjust the reimbursement rate if, as a result of the most recent annual review, the commission determines that the reimbursement rate is higher or lower than the rate required to recover those expenses.

SECTION 13. Chapter 214, Labor Code, is amended by adding Section 214.009 to read as follows:

Sec. 214.009. RECOVERY OF COVERED UNEMPLOYMENT COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM. (a) In this section, "program" means the federal Treasury Offset Program authorized by 26 U.S.C. Section 6402(f).

(b) The commission may collect the following covered unemployment compensation debt through the program:

(1) a past-due debt for erroneous payment of benefits due to fraud that has become final under law and remains uncollected;

(2) a past-due debt for erroneous payment of benefits due to a person's failure to report earnings, even if non-fraudulent, that has become final under law and remains uncollected;

(3) a past-due employer contribution owed to the compensation fund for which the commission has determined the person to be liable and that remains uncollected; and

(4) any penalties and interest assessed by the commission on a debt described by Subdivision (1), (2), or (3).

(1) notify the debtor by regular United States mail that the commission plans to recover the debt through the offset of any federal tax refund;

(2) provide the debtor at least 60 days following the date the notice is provided under Subdivision (1) to present to the commission evidence that all or part of the debt is not:

(A) legally enforceable;

(B) due to fraud or unreported earnings; or

(3) consider any evidence presented by the debtor to determine the amount of debt that is legally enforceable and owed.

(d) In considering evidence presented by a debtor under Subsection (c), the commission may determine only whether the debtor has demonstrated that the debt is not subject to recovery through the program so that the commission is able to minimize erroneous offsets. The commission may not review the initial determination establishing the debtor's liability.

(e) The commission shall assess against the debtor the cost of any administrative fee charged by the United States Department of the Treasury for each offset. The commission may add the assessed amount to the covered unemployment compensation debt that is offset under the program.

SECTION 14. Section 301.006(b), Labor Code, is amended to read as follows:

(b) Notwithstanding Subsection (a), the member of the commission who represents the public shall serve as chair:

(1) when the commission acts under:

(A) Chapter 21;

(B) Subchapter D, Chapter 61; [or]

(D) Chapter 301, Property Code; and

(2) in commission hearings involving unemployment insurance issues regarding tax coverage, contributions, or reimbursements.

SECTION 15. Section 301.008, Labor Code, is amended to read as follows:

Sec. 301.008. APPLICATION OF SUNSET ACT. The Texas Workforce Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2027 [~~2015~~].

SECTION 16. Section 301.009(a), Labor Code, is amended to read as follows:

(a) The commission shall have:

(1) a division of workforce development; [~~and~~]

(2) a division of unemployment compensation; and

(3) a civil rights division.

SECTION 17. Effective September 1, 2016, Subchapter D, Chapter 301, Labor Code, is amended by adding Section 301.0675 to read as follows:

Sec. 301.0675. VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES FOR PERSONS WITH DISABILITIES. Subject to federal approval, if required, to administer vocational rehabilitation services and other services and programs to persons with disabilities under Subtitle C, Title 4, the commission has primary responsibility for providing those services and programs.

SECTION 18. Section 301.153, Labor Code, is amended to read as follows:

Sec. 301.153. GOVERNANCE; AUTHORITY [~~HUMAN RIGHTS COMMISSION~~]. (a) [~~The division is governed by the human rights commission, which consists of seven members as follows:~~

[~~(1)~~ ~~one member who represents industry;~~

[~~(2)~~ ~~one member who represents labor; and~~

[~~(3)~~ ~~five members who represent the public.~~

[~~(b)~~ ~~The members of the human rights commission established under this section shall be appointed by the governor.~~ In making appointments to the human rights commission, the governor shall strive to achieve representation on the human rights commission that is diverse with respect to disability, religion, age, economic status, sex, race, and ethnicity.

[~~(c)~~ ~~The term of office of each commissioner is six years.~~ ~~The governor shall designate one commissioner to serve as presiding officer.~~

[~~(d)~~ ~~A commissioner is entitled to reimbursement of actual and necessary expenses incurred in the performance of official duties.~~

[~~(e)~~] The [~~human rights~~] commission shall establish policies for the division and the executive director shall supervise the director in administering the activities of the division.

(b) [~~(f)~~] The [~~human rights~~] commission is the state authority established as a fair employment practice agency and is authorized, with respect to an unlawful employment practice, to:

(1) grant relief from the practice;

(2) seek relief from the practice; or

(3) institute criminal proceedings.

(c) The commission shall administer Chapter 21 of this code and Chapter 301, Property Code, including the powers and duties formerly exercised by the former Commission on Human Rights under those laws.

(d) A reference in Chapter 21 of this code, Chapter 301, Property Code, or any other law to the former Commission on Human Rights means the commission.

SECTION 19. Section 301.154(a), Labor Code, is amended to read as follows:

(a) The director shall be appointed by the executive director [~~human rights commission~~] to administer the powers and duties of the division.

SECTION 20. Subchapter I, Chapter 301, Labor Code, is amended by adding Section 301.157 to read as follows:

Sec. 301.157. ANALYSIS OF STATE AGENCY DISCRIMINATION COMPLAINTS; REPORT. (a) Each state fiscal year, the division shall collect and analyze information regarding employment discrimination complaints, other than complaints determined to be without merit, filed with the division against a state agency. The information must include:

(1) an analysis of the complaints, both by number and by type; and

(2) key findings or trends the division identifies during the division's review of state agency personnel policies and procedures under Section 21.453.

(b) The commission shall include the results of the division's analysis under this section in the commission's annual report to the governor and the legislature. The division shall exclude from the report any identifying information of a complainant or a state agency complaint as necessary to maintain confidentiality required by the commission's contract with the federal Equal Employment Opportunity Commission or by other law.

SECTION 21. Section 302.0043(f), Labor Code, is amended to read as follows:

(f) Not later than January 15 of each odd-numbered year, the commission shall report to the legislature regarding the commission's findings regarding the effectiveness of the commission's child care program. The report must:

(1) include employment outcome information, disaggregated by local workforce development area, regarding parents receiving subsidized care under the program; and

(2) identify multiyear trends in the information collected and analyzed by the commission under this section, including trends in the information for at least the five state fiscal years preceding the date of the report.

SECTION 22. Subchapter A, Chapter 302, Labor Code, is amended by adding Section 302.00435 to read as follows:

Sec. 302.00435. SUBSIDIZED CHILD CARE PROGRAM; INPUT POLICY. The commission shall develop a policy for obtaining, through appropriate methods, input from interested parties regarding its subsidized child care program and for using that input in administering that program.

SECTION 23. Title 4, Labor Code, is amended by adding Subtitle C to read as follows:

SUBTITLE C. VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES FOR PERSONS WITH DISABILITIES

CHAPTER 351. GENERAL PROVISIONS; RESPONSIBILITY FOR ADMINISTRATION OF SERVICES

Sec. 351.001. DEFINITIONS. In this subtitle:

(1) "Department" means the Department of Assistive and Rehabilitative Services.

(2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

Sec. 351.002. RESPONSIBILITY FOR ADMINISTRATION OF SERVICES AND PROGRAMS. (a) Notwithstanding any other provision of this subtitle, the department shall administer the services and programs under this subtitle until September 1, 2016. On that date, the department shall cease administering the services and programs and the commission shall begin administering the services and programs, subject to receipt of any required federal approval.

(b) The department or commission, as appropriate, shall seek federal approval, if required:

(1) for the commission, beginning on September 1, 2016, to administer the following services and programs under this subtitle that the department operated before that date under the federal Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751):

(A) the vocational rehabilitation program for individuals with visual impairments;

(B) the vocational rehabilitation program for individuals with other disabilities;

(D) the Criss Cole Rehabilitation Center;

(2) for the commission, beginning on September 1, 2016, to administer the program for vending facilities operated by blind persons under Chapter 355, including the Business Enterprises Program under the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.), that the department operated before that date; and

(3) to designate within the commission the state unit under 29 U.S.C. Section 721 that is responsible for administering the state's vocational rehabilitation program.

(d) Subsections (b) and (c) and this subsection expire September 1, 2019.

Sec. 351.003. DESIGNATED STATE UNIT FOR VOCATIONAL REHABILITATION SERVICES. In accordance with the requirements of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.), the commission shall establish a designated state unit within the commission that:

(1) is an organizational unit designated to be primarily responsible for and concerned with vocational rehabilitation of individuals with disabilities;

(2) has a full-time director;

(3) has a staff employed on the rehabilitation work of the organizational unit, all or substantially all of whom are employed full-time on such work; and

(4) is located at an organizational level and has an organizational status within the commission comparable to that of other major organizational units of the commission.

Sec. 351.004. INTEGRATION OF VOCATIONAL REHABILITATION PROGRAMS; PROGRAM STAFF. (a) Not later than August 31, 2018, the commission shall integrate the vocational rehabilitation staff from department offices into the commission's local workforce development boards and centers.

(b) This section expires September 1, 2019.

Sec. 351.005. MEANING OF CERTAIN REFERENCES IN LAW. Until the administration of this subtitle is transferred from the department to the commission, a reference to the commission or the executive director in this subtitle means the department, commissioner of assistive and rehabilitative services, or executive commissioner, as applicable.

CHAPTER 352. VOCATIONAL REHABILITATION SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 352.001. DEFINITIONS. In this chapter:

(1) "Direct services" means services provided to a client by a commission employee, including counseling, facilitating the purchase of services from a source other than the commission, and purchasing equipment and other items and providing other services necessary for the client to successfully complete a commission program.

(2) "Direct services program" means a program operated by the commission through which direct services are provided.

(3) "Individual with a disability" means an individual who has a physical impairment, including a visual impairment, or mental impairment that constitutes a substantial impediment to employment, but that is of a nature that rehabilitation services may be expected to enable the individual to engage in a gainful occupation.

(4) "Maintenance" means money payments not exceeding the estimated cost of subsistence during vocational rehabilitation.

(5) "Occupational license" means a license, permit, or other written authorization required by a governmental entity as a condition for engaging in an occupation.

(6) "Physical restoration" means medical, surgical, or therapeutic treatment necessary to correct or substantially reduce a substantial impediment to employment of an individual with a disability within a reasonable period of time. The term includes medical, surgical, dental, and psychiatric treatment, nursing services, hospital care, convalescent home care, drugs, medical and surgical supplies, and prosthetic appliances. The term excludes treatment to cure acute or transitory conditions.

(7) "Prosthetic appliance" means an artificial device necessary to support or replace a part of the body or to increase the acuity of a sensory organ.

(8) "Rehabilitation training" means all necessary training provided to an individual with a disability to compensate for a substantial impediment to employment. The term includes manual, preconditioning, prevocational, vocational, and supplementary training and training to achieve broader and more lucrative skills and capacities.

(9) "Substantial impediment to employment" means a physical or mental condition that obstructs or impairs, or if not corrected will probably obstruct or impair, an individual's performance in an occupation.

(10) "Vocational rehabilitation" or "vocational rehabilitation services" means services that are provided directly by the commission or through a public or private agency and that the commission determines are necessary to compensate an individual with a disability for a substantial impediment to employment so that the individual may engage in a remunerative occupation. The terms include:

(A) medical and vocational diagnosis;

(B) vocational guidance, counseling, and placement;

(D) physical restoration;

(E) transportation;

(F) occupational licenses;

(G) customary occupational tools and equipment;

(H) maintenance;

(I) training books and materials; and

(J) other goods and services for which the commission receives financial support under federal law.

Sec. 352.002. PURPOSE. It is the policy of this state to provide vocational rehabilitation services to eligible individuals with disabilities so that those individuals may prepare for and engage in a gainful occupation.

Sec. 352.003. REHABILITATION COUNCIL OF TEXAS. (a) The Rehabilitation Council of Texas operates in accordance with the federal Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, and the federal Rehabilitation Act Amendments of 1998, Pub. L. No. 105-220.

(b) The Rehabilitation Council of Texas shall report to and advise the commission on the council's activities and the results of the council's work. For the purpose of performing its advisory functions, the council shall work with the commission, the executive director, and other commission staff.

Sec. 352.004. RECEIPT AND DISBURSEMENT OF STATE AND FEDERAL FUNDS. (a) The comptroller is custodian of federal funds received by the state to implement federal law relating to vocational rehabilitation.

(b) The commission shall certify for disbursement funds available for the vocational rehabilitation program in accordance with regulations.

Sec. 352.005. GIFTS, DONATIONS, AND OTHER MONEY. (a) The commission shall deposit all money paid to the commission under this chapter in the state treasury. The money may be used only for the administration of this chapter.

(b) The commission may receive and use gifts and donations for carrying out the purposes of this chapter. A person may not receive payment for solicitation of any funds.

Sec. 352.006. MISUSE OF INFORMATION. Except for purposes directly connected with the administration of the vocational rehabilitation program and according to commission rules, no person may solicit, disclose, receive, use, or knowingly permit the use of records or other information concerning an applicant for or recipient of vocational rehabilitation services that is directly or indirectly acquired by an officer or employee of the state or its political subdivisions in the course of the person's official duties.

Sec. 352.007. CRIMINAL HISTORY RECORD INFORMATION. (a) The commission may obtain criminal history record information from the Texas Department of Criminal Justice and the Texas Department of Public Safety if the criminal history records relate to:

(1) an applicant selected for employment with the commission whose potential duties include direct contact with clients to provide vocational rehabilitation services or other services under this subtitle;

(2) an applicant for vocational rehabilitation services or other services under this subtitle from the commission; or

(3) a client receiving vocational rehabilitation services or other services under this subtitle.

(b) The Texas Department of Criminal Justice and the Texas Department of Public Safety on request shall supply to the commission criminal history record information relating to applicants selected for employment with the commission whose potential duties include direct contact with clients to provide vocational rehabilitation services, applicants for vocational rehabilitation services from the commission, or vocational rehabilitation clients of the commission. The commission shall treat all criminal history record information as privileged and confidential and for commission use only.

(c) The commission by rule shall establish criteria for denying a person's application for employment with the commission to provide vocational rehabilitation services based on criminal history record information obtained as authorized by this section.

Sec. 352.008. HEARINGS. An applicant for or recipient of vocational rehabilitation services who is aggrieved by an action or inaction under this chapter is entitled to a hearing by the commission in accordance with law.

SUBCHAPTER B. GENERAL POWERS AND DUTIES

Sec. 352.051. VOCATIONAL REHABILITATION PROGRAM FOR INDIVIDUALS WITH DISABILITIES. (a) The commission shall conduct a program to provide vocational rehabilitation services to eligible individuals with disabilities.

(b) To achieve the purposes of the program, the commission may:

(1) cooperate with other public and private agencies in studying the problems involved in providing vocational rehabilitation and in establishing, developing, and providing necessary or desirable facilities and services;

(2) enter into reciprocal agreements with other states to provide vocational rehabilitation for the residents of the states concerned; and

(3) conduct research and compile statistics relating to the vocational rehabilitation of individuals with disabilities.

Sec. 352.052. COOPERATION WITH FEDERAL GOVERNMENT; OBTAINING FEDERAL FUNDS. (a) The commission shall cooperate with the federal government to accomplish the purposes of federal laws relating to vocational rehabilitation for individuals with disabilities and closely related activities.

(b) The commission shall negotiate agreements or plans with the federal government and shall use efficient methods of administration and comply with other conditions required to secure the full benefits of the federal laws. If the commission determines that a provision of state law precludes conformity with a federal requirement and limits federal financial support, the commission may waive or modify the state law to the extent necessary to obtain the full benefits of the federal law.

(c) The commission may comply with any requirements necessary to obtain federal funds to be used for vocational rehabilitation services in the maximum amount and most advantageous proportion possible.

Sec. 352.053. CONTRACTS FOR SERVICE. (a) The commission shall include in its contracts with service providers under this chapter provisions relating to:

(1) clearly defined and measurable program performance standards that directly relate to the service provided;

(2) clearly defined penalties for nonperformance of a contract term; and

(3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.

(b) The commission shall monitor a service provider's performance under a contract for service under this chapter. In monitoring performance, the commission shall:

(1) use a risk-assessment methodology to institute statewide monitoring of contract compliance of service providers; and

(2) evaluate service providers based on clearly defined and measurable program performance objectives.

Sec. 352.054. RATES FOR MEDICAL SERVICES. (a) The commission by rule shall adopt standards governing the determination of rates paid for medical services provided under this chapter. The rules must provide for an annual reevaluation of the rates.

(b) The commission shall establish a schedule of rates based on the standards adopted under Subsection (a). In adopting the rate schedule, the commission shall:

(1) compare the proposed rate schedule to other cost-based and resource-based rates for medical services, including rates paid under Medicaid and the Medicare program; and

(2) for any rate adopted that exceeds the Medicaid or Medicare rate for the same or a similar service, document the reasons why the adopted rate reflects consideration of the best value, provider availability, and consumer choice.

(c) The commission shall provide notice to interested persons and allow those persons to present comments before adopting the standards and schedule of rates under Subsections (a) and (b).

Sec. 352.055. CONTRACT PAYMENT. The commission shall base payment under a contract for vocational rehabilitation services on outcome-based performance standards defined in the contract.

Sec. 352.056. CONTRACTS FOR ADAPTIVE TECHNOLOGY. The commission shall include in a contract under this chapter with a supplier of adaptive technology equipment provisions that require the supplier to provide training for clients receiving the adaptive technology equipment.

Sec. 352.057. LOANS FOR VISUAL AIDS. (a) The commission may establish a program to make loans to finance the purchase of technological aids for individuals with visual impairments. Interest on the loans may not exceed 10 percent per year.

(b) The commission may adopt rules to administer the loan program.

Sec. 352.058. SUBROGATION. (a) By providing a person rehabilitation services, including medical care services, under this subchapter, the commission is subrogated to the person's right of recovery from:

(1) personal insurance;

(2) another person for personal injury caused by the other person's negligence or wrongdoing; or

(3) any other source.

(b) The commission's right of subrogation is limited to the cost of the services provided.

(c) The commission may totally or partially waive the commission's right of subrogation when the commission finds that enforcement would tend to defeat the purpose of rehabilitation.

(d) The commission may adopt rules for the enforcement of the commission's right of subrogation.

Sec. 352.059. WORK INCENTIVES AND SUPPLEMENTAL SECURITY INCOME (SSI). The commission shall employ a person at the commission's central office to:

(1) train counselors to understand and use work incentives; and

(2) review cases to ensure that commission clients are informed of the availability of and assisted in obtaining work incentives and Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.).

SUBCHAPTER C. PROVISION OF AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES

Sec. 352.101. INTEGRATION OF VOCATIONAL REHABILITATION PROGRAMS. (a) Not later than October 1, 2017, and subject to federal approval, the commission shall integrate into a single vocational rehabilitation program the following programs that are operated under the federal Rehabilitation Act of 1973 (29 U.S.C. Sections 720 through 751):

(1) the vocational rehabilitation program for individuals with visual impairments; and

(2) the vocational rehabilitation program for individuals with other disabilities.

(b) Not later than October 1, 2017, to facilitate the integration of the vocational rehabilitation programs identified in Subsection (a), the commission shall at a minimum:

(1) reorganize the commission's vocational rehabilitation services in order to provide services based on an individual's functional need instead of an individual's type of disability;

(2) develop a plan to support specialization of vocational rehabilitation counselors in serving different client populations, including sufficient specialization in individuals with visual impairments to maintain expertise in serving that population;

(3) redesign performance measures for the provision of vocational rehabilitation services;

(4) consolidate policies for the provision of vocational rehabilitation services; and

(5) recommend the adoption of any rules necessary to implement this section.

Sec. 352.102. ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES. The commission shall provide vocational rehabilitation services to individuals with disabilities eligible for those services under federal law.

Sec. 352.103. PROVISION OF VOCATIONAL REHABILITATION SERVICES. (a) The commission by rule shall establish and maintain guidelines for providing vocational rehabilitation services that are consistent with state and federal laws and that include:

(1) a system of organization for the delivery of vocational rehabilitation services statewide;

(2) eligibility requirements for vocational rehabilitation services;

(3) requirements for the rehabilitation planning process;

(4) the types of services that may be provided to a client through a vocational rehabilitation program; and

(5) requirements for client participation in the costs of vocational rehabilitation services, including documentation that a client has sought benefits for which the client is eligible from sources other than the commission and that may assist the client in obtaining vocational rehabilitation goods or services.

(b) The commission shall annually assess the effectiveness of the state's vocational rehabilitation program.

Sec. 352.104. TRAINING AND SUPERVISION OF COUNSELORS. (a) The commission shall provide specific guidance to vocational rehabilitation counselors in:

(1) selecting vocational objectives according to a client's skills, experience, and knowledge;

(2) documenting a client's impediment to employment;

(3) selecting rehabilitation services that are reasonable and necessary to achieve a client's vocational objective;

(4) measuring client progress toward the vocational objective, including the documented, periodic evaluation of the client's rehabilitation and participation; and

(5) determining eligibility of employed and unemployed applicants for rehabilitation services using criteria defined by commission rule to document whether a client is substantially underemployed or at risk of losing employment.

(b) The commission by rule shall require monitoring and oversight of vocational rehabilitation counselor performance and decision making in accordance with this section.

Sec. 352.105. SPECIALIZED TRAINING FOR CERTAIN EMPLOYEES. (a) The commission shall establish and require employee participation in a specialized training program for certain employees, including vocational rehabilitation transition specialists and transition counselors, whose duties involve assisting youth with disabilities to transition to post-schooling activities, services for adults, or community living.

(b) The training program must provide employees with information regarding:

(1) supports and services available from health and human services agencies, as defined by Section 531.001, Government Code, for:

(A) youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living; and

(B) adults with disabilities;

(2) community resources available to improve the quality of life for:

(A) youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living; and

(B) adults with disabilities; and

(3) other available resources that may remove transitional barriers for youth with disabilities who are transitioning into post-schooling activities, services for adults, or community living.

(c) In developing the training program required by this section, the commission shall collaborate with health and human services agencies, as defined by Section 531.001, Government Code, as necessary.

Sec. 352.106. PAYMENT OF SHIFT DIFFERENTIALS. The commission by rule may develop and implement policies allowing shift differentials to be paid to employees in the vocational rehabilitation program under this chapter.

Sec. 352.107. CLIENT ORIENTATION MATERIALS. The commission shall develop and distribute at intake client orientation materials for the vocational rehabilitation program that include information on the commission's decision-making criteria.

Sec. 352.108. COORDINATION WITH TEXAS EDUCATION AGENCY. (a) For purposes of this section, "transition services" means services provided to students with disabilities to assist the students in making the transition from secondary school to postsecondary education programs or competitive integrated employment.

(b) The commission and the Texas Education Agency shall collaborate to develop a mechanism to identify the areas of the state with the greatest needs for transition services for students with disabilities. The mechanism must account for the commission's limited resources and a school district's needs, including:

(1) the school district's resources for special education;

(2) the number of students with disabilities in the school district; and

(3) other factors that the commission and the Texas Education Agency consider important.

(c) The commission and the Texas Education Agency shall update the mechanism developed under Subsection (b) on a periodic basis.

(d) The commission shall develop uniform, statewide policies for transition services that include:

(1) the goal that a transition counselor initiate contact with a student approximately three years before the student is expected to graduate from high school;

(2) the minimum level of services to be provided to a student at the time that a transition counselor initiates contact with the student;

(3) standards, based on the mechanism developed under Subsection (b), for assigning a transition counselor to a school that ensure consistency among regions but that are not too restrictive;

(4) expectations for transition counselors to develop relationships with school personnel, including the employee designated to serve as the school district's designee on transition and employment services under Section 29.011(b), Education Code; and

(5) expectations for regional commission staff to work with education service center representatives on a regular basis to identify areas of greatest need and to discuss local strategies for coordination between transition counselors and schools.

(e) The commission and the Texas Education Agency shall enter into a memorandum of understanding to comply with the policies under this section and to improve coordination between the agencies. The memorandum of understanding must include:

(1) strategies to better inform transition clients, clients' families, and school personnel regarding the commission's available services and contact information for commission transition counselors; and

(2) a process to be used by the commission and the Texas Education Agency to develop and update the mechanism used to identify students who may need services.

(f) On or after September 1, 2016, but not later than September 1, 2017:

(1) the commission and the Texas Education Agency shall develop the mechanism required in Subsection (b) and enter into the memorandum of understanding required in Subsection (e); and

(2) the commission shall develop the policies described in Subsection (d).

(g) Subsection (f) and this subsection expire September 1, 2018.

SECTION 24. (a) Chapter 351, Labor Code, as added by this Act, is amended by adding Sections 351.0021 and 351.0022 to read as follows:

Sec. 351.0021. LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, "committee" means the Legislative Oversight Committee established under this section.

(b) The Legislative Oversight Committee is created to facilitate the transfer of vocational rehabilitation services and other services and programs under this subtitle with, to the greatest degree possible, no negative effect on the delivery of services to clients.

(1) four members of the senate, appointed by the lieutenant governor;

(2) four members of the house of representatives, appointed by the speaker of the house of representatives; and

(3) three members of the public, appointed by the governor.

(d) The executive commissioner, the commissioner of assistive and rehabilitative services, and the executive director serve as ex officio, nonvoting members of the committee.

(e) A member of the committee serves at the pleasure of the appointing official.

(f) The lieutenant governor and the speaker of the house of representatives shall each designate a presiding co-chair from among their respective appointments.

(g) A member of the committee may not receive compensation for serving on the committee but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the committee as provided by the General Appropriations Act.

(h) The committee shall:

(1) facilitate the transfer of vocational rehabilitation services and other services and programs under this subtitle with, to the greatest degree possible, no negative effect on the delivery of services to clients;

(2) advise the executive director, the executive commissioner, and the commissioner of assistive and rehabilitative services concerning:

(A) the services and programs to be transferred under this subtitle and the funds and obligations that are related to the services and programs; and

(B) the transfer of the services and programs and related records, property, funds, and obligations from the department to the commission as provided by this subtitle; and

(3) meet at the call of either chair.

(i) Chapter 551, Government Code, applies to the committee.

(j) The committee shall submit a report to the governor, lieutenant governor, speaker of the house of representatives, and legislature not later than December 1 of each even-numbered year. The report must include an update on the progress of and issues related to the transfer of vocational rehabilitation services and other services and programs under this subtitle from the department to the commission, including the need for any additional statutory changes required to complete the transfer of services and programs to the commission in accordance with this subtitle.

(k) The committee is abolished August 31, 2019.

(l) This section expires September 1, 2019.

Sec. 351.0022. TRANSITION PLAN. (a) The transfer of vocational rehabilitation services and other services and programs under this subtitle must be accomplished in accordance with a transition plan developed by the executive director, the commissioner of assistive and rehabilitative services, and the executive commissioner that ensures that the transfer and provision of services and programs are accomplished in a careful and deliberative manner. Specifically, the transition plan must include:

(1) the specific steps and methods for the transfer or disposition of all obligations, rights, contracts, leases, records, property, and funds, including unexpended and unobligated appropriations, relating to the services and programs transferred from the department to the commission under this subtitle, including the plans for leased office or building space and the transition of data and information technology systems supporting the services and programs;

(2) the identification of all full-time equivalent employee positions that are associated with the department's administration of the services and programs to be transferred to the commission, including the full-time equivalent employee positions that are associated with the Health and Human Services Commission's administrative support of those transferring services and programs;

(3) measures to ensure that unnecessary disruption to the provision of transferred services and programs does not occur;

(4) a strategy for integrating the department's vocational rehabilitation staff into the commission's local workforce development boards and centers as required by Section 351.004;

(5) a strategy for integrating vocational rehabilitation programs for individuals with visual impairments and for individuals with other disabilities as required by Section 352.101; and

(6) a schedule for implementing the transfer of the services and programs.

(b) In developing the transition plan, the executive director, the commissioner of assistive and rehabilitative services, and the executive commissioner shall, before submitting the plan to the Legislative Oversight Committee and the governor as required by Subsection (d):

(1) hold public hearings in various geographic areas in this state regarding the plan; and

(2) solicit and consider input from appropriate stakeholders.

(c) To the extent allowed by federal law, public hearings under Subsection (b) may be combined with other public hearings required under federal law in relation to the adoption of a state plan for vocational rehabilitation services.

(d) As soon as practicable after September 1, 2015, but not later than March 1, 2016, the executive director, the commissioner of assistive and rehabilitative services, and the executive commissioner shall submit the transition plan to the Legislative Oversight Committee and the governor. The Legislative Oversight Committee shall comment on and make recommendations regarding any concerns or adjustments to the transition plan the committee determines appropriate. The executive director, the commissioner of assistive and rehabilitative services, and the executive commissioner may not finalize the transition plan until the comments and recommendations of the committee regarding the transition plan have been reviewed and considered.

(e) The department, commission, and Health and Human Services Commission shall post on the agencies' respective Internet websites:

(1) the transition plan developed under this section;

(2) any adjustments to the transition plan recommended by the Legislative Oversight Committee;

(3) a statement regarding whether the recommended adjustments were adopted or otherwise incorporated; and

(4) if a recommended adjustment was not adopted, the justification for not adopting the adjustment.

(f) This section expires September 1, 2019.

(b) Not later than October 1, 2015:

(1) the lieutenant governor, the speaker of the house of representatives, and the governor shall make the appointments to the Legislative Oversight Committee as required by Section 351.0021, Labor Code, as added by this section; and

(2) the lieutenant governor and the speaker of the house of representatives shall each designate a presiding co-chair of the Legislative Oversight Committee in accordance with Section 351.0021, Labor Code, as added by this section.

(c) This section takes effect only if S.B. No. 200, 84th Legislature, Regular Session, 2015, or similar legislation of the 84th Legislature, Regular Session, 2015:

(1) does not become law; or

(2) is enacted and becomes law, but does not provide for the establishment of a Health and Human Services Transition Legislative Oversight Committee to facilitate the consolidation of the health and human services system in this state.

SECTION 25. (a) Section 531.0203, Government Code, as added by S.B. No. 200, 84th Legislature, Regular Session, 2015, is amended by adding Subsection (d-1) to read as follows:

(d-1) The commissioner of assistive and rehabilitative services and the executive director of the Texas Workforce Commission serve as ex officio, nonvoting members of the committee in addition to the executive commissioner. This subsection expires August 31, 2019.

(b) Chapter 351, Labor Code, as added by this Act, is amended by adding Sections 351.0021 and 351.0022 to read as follows:

Sec. 351.0021. ADDITIONAL DUTIES OF HEALTH AND HUMAN SERVICES TRANSITION LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, "committee" means the Health and Human Services Transition Legislative Oversight Committee established under Section 531.0203, Government Code.

(b) In addition to the requirements of Section 531.0203(h), Government Code, the committee shall:

(2) advise the executive director, the commissioner of assistive and rehabilitative services, and the executive commissioner concerning:

(A) the services and programs to be transferred under this subtitle and the funds and obligations that are related to the services and programs; and

(B) the transfer of the services and programs and related records, property, funds, and obligations from the department to the commission as provided by this subtitle.

(c) In addition to the requirements for the report specified by Section 531.0203(j), Government Code, the committee shall include in the report under that subsection an update on the progress of and issues related to the transfer of vocational rehabilitation services and other services and programs under this subtitle from the department to the commission, including the need for any additional statutory changes required to complete the transfer of services and programs to the commission in accordance with this subtitle.

(d) This section expires September 1, 2019.

Sec. 351.0022. TRANSITION PLAN. (a) In addition to the requirements under Section 531.0204, Government Code, the executive commissioner shall work with the executive director and the commissioner of assistive and rehabilitative services to ensure the transition plan under that section includes a plan for the transfer of vocational rehabilitation services and other services and programs from the department to the commission that ensures the transfer is accomplished in a careful and deliberative manner. Specifically, the transition plan must include:

(3) measures to ensure that unnecessary disruption to the provision of transferred services and programs does not occur;

(4) a strategy for integrating the department's vocational rehabilitation staff into the commission's local workforce development boards and centers as required by Section 351.004;

(5) a strategy for integrating vocational rehabilitation programs for individuals with visual impairments and for individuals with other disabilities as required by Section 352.101; and

(6) a schedule for implementing the transfer of the services and programs.

(b) To the extent allowed by federal law, public hearings held under Section 531.0204(c), Government Code, if appropriate, may be combined with other public hearings required under federal law in relation to the adoption of a state plan for vocational rehabilitation services.

(c) The plan for the transfer of vocational rehabilitation services and other services and programs required by this section must be included as part of the transition plan submitted to the Health and Human Services Transition Legislative Oversight Committee, the governor, and the Legislative Budget Board under Section 531.0204(e), Government Code, by the date prescribed by that subsection. In addition, the plan must be separately submitted to that committee and the governor as soon as practicable after September 1, 2015. The committee shall comment on the plan in conjunction with making comments on the transition plan as required by Section 531.0204(e), Government Code.

(d) If in making comments and recommendations on the transition plan under Section 531.0204(e), Government Code, the Health and Human Services Transition Legislative Oversight Committee has comments, concerns, or recommendations regarding the elements of the plan required by this section, the committee shall provide those comments, concerns, and recommendations to the executive director and the commissioner of assistive and rehabilitative services in addition to the executive commissioner. The executive director, the commissioner of assistive and rehabilitative services, and the executive commissioner may not finalize the plan required by this section until the comments, concerns, and recommendations of the committee specifically regarding that plan have been reviewed and considered.

(e) This section expires September 1, 2019.

(c) Not later than October 1, 2015, the lieutenant governor, the speaker of the house of representatives, and the governor shall make the additional appointments to the Health and Human Services Transition Legislative Oversight Committee required by Section 531.0203(d-1), Government Code, as added by this section.

(d) This section takes effect only if S.B. No. 200, 84th Legislature, Regular Session, 2015:

(1) is enacted and becomes law; and

(2) provides for the establishment of a Health and Human Services Transition Legislative Oversight Committee to facilitate the consolidation of the health and human services system in this state.

SECTION 26. Chapter 94, Human Resources Code, as amended by S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, is transferred to Subtitle C, Title 4, Labor Code, as added by this Act, redesignated as Chapter 355, Labor Code, and amended to read as follows:

CHAPTER 355 [94]. VENDING FACILITIES OPERATED BY BLIND PERSONS

Sec. 355.001 [~~94.001~~]. DEFINITIONS. In this chapter:

(1) "Blind person" means a person having not more than 20/200 visual acuity in the better eye with correcting lenses or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

[~~(1-a)~~ ~~"Department" means the Department of Assistive and Rehabilitative Services.~~

[~~(1-b)~~ ~~"Executive commissioner" means the executive commissioner of the Health and Human Services Commission.~~]

(2) "Vending facility" means a facility in which food, drinks, drugs, novelties, souvenirs, tobacco products, notions, or related items are sold regularly. The term excludes facilities consisting solely of vending machines that do not compete directly or indirectly with a facility that is or could be operated by a person with a disability.

(3) "State property" means land and buildings owned, leased, or otherwise controlled by the state.

(4) "Agency" means the state agency in charge of state property.

(5) "Disability" means a physical or mental condition that the commission [~~department~~] determines to constitute a substantial vocational disadvantage.

Sec. 355.002 [~~94.002~~]. LICENSE OR PERMIT REQUIRED. (a) No person may operate a vending facility or a facility with vending machines or other coin-operated devices on state property unless the person is licensed to do so by the commission [~~department~~] or is authorized to do so by an agency granted a permit to arrange for vending facilities.

(b) Subsection (a) does not apply to a building in which the Texas Facilities Commission leases space to a private tenant under Subchapter E, Chapter 2165, Government Code.

Sec. 355.003 [~~94.003~~]. LICENSING PROCEDURE. (a) On its own initiative or at the request of an agency that controls state property, the commission [~~department~~] shall survey the property, or blueprints and other available information concerning the property, to determine whether the installation of a vending facility is feasible and consonant with the commission's [~~department's~~] vocational rehabilitation objectives.

(b) If the installation of the facility is feasible, the commission [~~department~~] shall either license a blind person to operate a facility to be installed by the commission [~~department~~] or install a facility to be operated by a person with a disability who is not blind according to rules and procedures adopted by the commission [~~executive commissioner~~].

Sec. 355.004 [~~94.004~~]. LOCATION OF VENDING FACILITIES. (a) With the concurrence of the agency in charge of state property, the commission [~~department~~] shall designate the location of vending facilities that have been requested by the agency.

(b) The agency responsible for state property shall alter the property to make it suitable for the proper operation of the vending facilities. To this end, the agency in charge of constructing new state property shall consult with the commission [~~department~~] during the planning stage on the construction.

Sec. 355.005 [~~94.005~~]. ISSUANCE OF LICENSES; ELIGIBILITY. (a) The commission [~~department~~] may issue a license to operate its vending facilities on state property to blind citizens of the state who are capable of operating the facilities in a manner that is reasonably satisfactory to all parties concerned.

(b) Before issuing a license to a person, the commission [~~department~~] shall determine whether the person has the physical, psychological, and personal traits and abilities required to operate a vending facility in a satisfactory manner.

(c) The commission [~~department~~] shall maintain a roster of the names of each person who has been certified as suitable for licensing. If two or more equally qualified persons are listed on the roster and apply for a license to operate an available vending facility, the commission [~~department~~] shall issue the license to the person who is most in need of employment.

(d) The granting of a license does not vest the licensee with property or other rights which may constitute the basis of a cause of action, at law or in equity, against the state or its officers or employees.

Sec. 355.006 [~~94.006~~]. EXPIRATION, RENEWAL, AND REVOCATION OF LICENSES. (a) A license or general permit to operate a vending facility on state property is valid for a period of three years from the date it is issued.

(b) The commission [~~department~~] shall review each license or permit prior to its expiration and shall issue a new or different license or permit as the circumstances warrant.

(c) The commission [~~department~~] and the agency may consent mutually to revoke a general permit prior to its expiration if changed circumstances warrant that action.

(d) A blind person's wilful failure to comply with the commission's [~~department's~~] rules or the provisions of this chapter constitutes grounds for the automatic revocation of the person's license.

(e) The commission [~~executive commissioner~~] shall adopt substantive and procedural rules governing the revocation of licenses.

Sec. 355.007 [~~94.007~~]. OPERATION OF VENDING FACILITIES BY CERTAIN PERSONS WHO ARE NOT BLIND. If the commission [~~department~~] determines that a blind person could not properly operate a vending facility at a particular location, the commission [~~department~~] may survey the property to determine whether a person with a disability that is not of a visual nature could operate the facility in a proper manner.

Sec. 355.008 [~~94.008~~]. CLOSING CERTAIN FACILITIES PROHIBITED. Neither a vending facility operated by an individual with a disability, nor a vending facility location surveyed by the commission [~~department~~], may be closed as a result of the transfer of state property from one agency to another, the alteration of a state building, or the reorganization of a state agency unless the commission [~~department~~] agrees to the closing.

Sec. 355.009 [~~94.009~~]. EMPLOYMENT OF ASSISTANTS. (a) If an individual licensed to operate a vending facility on state property requires an assistant, a qualified person with a disability of a visual nature must be given preference for employment. If the commission [~~department~~] determines that a person with a disability of a visual nature could not perform the labor for which an assistant is required, or if a person with a disability of a visual nature is not available, a person with a disability that is not of a visual nature must be given preference for employment. [~~If no person with a disability is available for the job, preference must be given to a person who is socially, culturally, economically, or educationally disadvantaged.~~]

(b) An assistant employed by a blind person licensed by the commission [~~department~~] must be approved by the commission [~~department~~], and the deliberate refusal of a blind licensee to comply with this section constitutes grounds for the revocation of the person's [~~his or her~~] license.

Sec. 355.010 [~~94.010~~]. COMPETING VENDING MACHINES. (a) If the commission [~~department~~] and an agency agree to the installation and operation of an additional vending facility or vending machine on property that already has a commission-sponsored [~~department-sponsored~~] vending facility, no additional permit or license is required. However, the installation of a competing vending facility consisting of vending machines or other coin-operated devices must be authorized by the commission [~~department~~]. The commission's [~~department's~~] authorization must be made with a view toward providing the greatest economic benefits for blind persons consonant with supplying the additional services required at the building.

(b) State agencies shall cooperate and negotiate in good faith to accomplish the purposes of this chapter.

(c) Individuals with disabilities who operate vending facilities on state property are entitled to receive all commissions from vending machines installed on the same property. If two or more vending facilities are operated by individuals with disabilities in a building in which vending machines are installed, the commission [~~department~~] shall divide the commissions from the vending machines among the operators with disabilities in a manner that will achieve equity and equality in the incomes of those operators. If the commission [~~department~~] has decided not to locate a vending facility in a building, the agency to whom a general permit has been issued shall determine the assignment of the commissions from vending machines installed in the building.

Sec. 355.011 [~~94.011~~]. VENDING FACILITY EQUIPMENT AND STOCK. (a) The commission [~~department~~] may supply a blind vending facility operator with equipment and initial stock necessary for the operator to begin business.

(b) The commission [~~department~~] shall collect and set aside from the proceeds of the operation of its vending facilities enough money:

(1) to insure a sufficient amount of initial stock for the facilities and for their proper maintenance;

(2) to pay the costs of supervision and other expenses incidental to the operation of the facilities; and

(3) to pay other program costs to the extent necessary to assure fair and equal treatment of the blind persons licensed to operate the facilities and to the extent allowed under federal programs that provide financial support to the commission [~~department~~].

(c) Except for purchasing and installing original equipment, the operation of commission-sponsored [~~department-sponsored~~] vending facilities must be as self-supporting and self-sustaining as possible. To achieve this end, the commission [~~department~~] shall periodically review and, when necessary, revise its schedules for collecting and setting aside money from the proceeds of its vending facilities.

Sec. 355.012 [~~94.012~~]. DUTIES AND PRIVILEGES OF PARTIES. (a) The commission [~~executive commissioner~~] may promulgate rules and [~~the department may~~] initiate procedures necessary to implement this chapter.

(b) A blind person licensed to operate a vending facility on state property shall operate the facility in accordance with law and the commission's [~~department's~~] rules and policies.

(c) The agency in charge of state property shall cooperate with the commission [~~department~~] and its blind licensees to accomplish the purposes of this chapter. The agency shall also furnish all necessary utility service, including connections and outlets required for the installation of the facility, janitorial and garbage disposal services where feasible, and other related assistance.

Sec. 355.013 [~~94.013~~]. TRAINING PROGRAMS. The commission [~~department~~] may establish training or experimentation locations necessary to train blind persons who desire to be licensed to operate vending facilities and to develop techniques which will allow blind persons to operate the facilities or related types of small businesses more efficiently and productively.

Sec. 355.014 [~~94.014~~]. CONFORMITY WITH FEDERAL STATUTES. (a) This chapter shall be construed in a manner consistent with the requirements of federal programs that provide financial assistance to the commission [~~department~~].

(b) If a provision of this chapter conflicts with a federal program requirement, the commission [~~department~~] may waive or modify the provision to the extent necessary to secure the full benefits of the federal program.

Sec. 355.015 [~~94.015~~]. APPLICATION OF CHAPTER. (a) This chapter does not apply to:

(1) property over which the federal government maintains partial or complete control;

(2) property maintained and operated by state-supported institutions of higher education; provided, however, that the commission [~~department~~] may enter into agreements with state institutions of higher education concerning the use of blind labor in vending facilities at the institutions; or

(3) property purchased by the state or an agency of the state, property to which title is transferred from one state agency to another, or property control of which is transferred from one state agency to another, if:

(A) at the time of purchase or transfer of title or control, a vending facility is being operated on the property under lease, license, or contract; and

(B) prior to the time of purchase or transfer of title or control, the provisions of this chapter were rendered inapplicable to such property by this section or other law.

(b) This chapter does not apply to vending facilities operated by an institution for persons with mental illness or intellectual disabilities that is under the control of the Department of State Health Services, the Department of Aging and Disability Services, or a successor to one of those departments, if the vending facilities are operated without profit for the benefit of the patients at the institution.

(c) This chapter does not prohibit the commission [~~department~~] from selecting blind persons to operate other suitable types of vending facilities or business enterprises, and the chapter does not prohibit the installation of automated vending facilities serviced by blind persons.

Sec. 355.016 [~~94.016~~]. BUSINESS ENTERPRISES PROGRAM. (a) The commission [~~department~~] is authorized to administer the Business Enterprises Program in accordance with the provisions of the Randolph-Sheppard Act (20 U.S.C. Section 107 et seq.).

(b) The commission [~~department~~] is authorized to administer a retirement program for individuals licensed to operate vending facilities in accordance with applicable state and federal laws.

(c) A trust fund for a retirement program for individuals licensed to operate vending facilities under the Business Enterprises Program is established with the comptroller. This trust fund will be set up in the state treasury.

(d) All federal vending machine income shall be credited to this Business Enterprises Program trust fund. Vending machine income, as defined by 34 C.F.R. Section 395.1(z), means receipts (other than those of a blind vendor) from vending machine operations on federal property, after deducting the cost of goods sold (including reasonable service and maintenance costs) in accordance with customary business practices of commercial vending concerns, where the machines are operated, serviced, or maintained by, or with the approval of, a department, agency, or instrumentality of the United States, or commissions paid (other than to a blind vendor) by a commercial vending concern which operates, services, and maintains vending machines on federal property for, or with the approval of, a department, agency, or instrumentality of the United States.

(e) All expenditures authorized by the Randolph-Sheppard Act from federal vending revenue funds shall be paid from the Business Enterprises Program trust fund.

(f) The commission [~~department~~] may contract with a professional management service to administer the Business Enterprises Program trust fund. In administering the trust fund, the professional management service may acquire, exchange, sell, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire, exchange, sell, or retain under the circumstances, taking into consideration the investment of all the assets of the trust fund.

(g) With the approval of the comptroller, the commission [~~department~~] may select a commercial bank, depository trust company, or other entity to serve as a custodian of the Business Enterprises Program trust fund's securities, and money realized from those securities, pending completion of an investment transaction. Money realized from those securities must be:

(1) reinvested not later than one business day after the date it is received; or

(2) deposited in the treasury not later than the fifth business day after the date it is received.

SECTION 27. Section 301.0015, Property Code, is amended to read as follows:

Sec. 301.0015. TEXAS WORKFORCE COMMISSION [~~CIVIL RIGHTS DIVISION~~]. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission [~~civil rights division~~]. A reference in this chapter to the "commission" means the Texas Workforce Commission [~~civil rights division~~].

SECTION 28. The following provisions, including provisions amended by, or redesignated and amended by, S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015, are repealed:

(1) Subchapter F, Chapter 419, Government Code;

(2) Section 91.016(e), Human Resources Code;

(3) Section 111.016, Human Resources Code;

(4) Section 111.061, Human Resources Code;

(5) Section 117.058, Human Resources Code;

(6) Subchapters E and F, Chapter 117, Human Resources Code; and

(7) Sections 301.151(3) and 301.152, Labor Code.

SECTION 29. (a) Except as provided by Subsection (b) of this section, not later than September 1, 2016, the Texas Workforce Commission shall adopt all rules, policies, and procedures required by the changes in law made by this Act.

(b) Not later than September 1, 2017, the Texas Workforce Commission shall adopt all rules, policies, and procedures required by Subtitle C, Title 4, Labor Code, as added by this Act.

(c) Section 301.157, Labor Code, as added by this Act, applies beginning with the annual report submitted to the governor and the legislature by the Texas Workforce Commission that covers the state fiscal year ending August 31, 2015.

SECTION 30. On the effective date of this Act, the human rights commission that governed the Texas Workforce Commission civil rights division under Section 301.153, Labor Code, before the effective date of this Act is abolished. The validity of an action taken by the human rights commission before that date is not affected by the abolition. The changes in law made by this Act do not affect a case or proceeding pending under Chapter 21, Labor Code, or Chapter 301, Property Code, on the effective date of this Act.

SECTION 31. (a) On September 1, 2016, subject to receipt of federal approval, if required, for the Texas Workforce Commission to administer vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, as added by this Act:

(1) those services and programs and related powers, duties, functions, and activities, including rulemaking authority, are transferred to the Texas Workforce Commission;

(2) all obligations and contracts of the Department of Assistive and Rehabilitative Services that are related to a transferred service or program are transferred to the Texas Workforce Commission;

(3) all property and records in the custody of the Department of Assistive and Rehabilitative Services, including information technology systems, that are related to a transferred service or program and all funds appropriated by the legislature and other money for the service or program shall be transferred to the Texas Workforce Commission; and

(4) all complaints, investigations, or contested cases that are pending before the Department of Assistive and Rehabilitative Services that are related to a transferred service or program are transferred without change in status to the Texas Workforce Commission.

(b) After a transfer of services and programs occurs under Subsection (a) of this section, a rule or form adopted by the executive commissioner of the Health and Human Services Commission or by the Department of Assistive and Rehabilitative Services, as applicable, that relates to a transferred service or program is a rule or form of the Texas Workforce Commission and remains in effect until altered by the Texas Workforce Commission.

(c) After a transfer of services and programs occurs under Subsection (a) of this section, a reference in law to the executive commissioner of the Health and Human Services Commission or the Department of Assistive and Rehabilitative Services that relates to a transferred service or program means the Texas Workforce Commission.

(d) After a transfer of services and programs occurs under Subsection (a) of this section, a license, permit, or certification in effect that was issued by the Department of Assistive and Rehabilitative Services and that relates to a transferred service or program is continued in effect as a license, permit, or certification of the Texas Workforce Commission.

SECTION 32. (a) As soon as practicable after the effective date of this Act, the Texas Workforce Commission and the Health and Human Services Commission, in consultation with the Texas Facilities Commission, shall develop a plan for leased office or building space where staff that will be affected by the transfer of the administration of services and programs to the Texas Workforce Commission under this Act are located. The plan developed under this section must:

(1) identify all leased office or building space where staff that will be affected by the transfers are located or co-located;

(2) identify the term and costs of each existing lease;

(3) identify the feasibility of canceling a lease or consolidating office or building space based on the factors set out in state law, including the General Appropriations Act;

(4) identify the location of each leased office or building space and its proximity to relevant client populations; and

(5) include a recommendation for either the cancellation or continued use of each leased office or building space based on the best values for the state.

(b) The plan for leased office or building space required by Subsection (a) of this section must be included in the transition plan as specified by Section 351.0022, Labor Code, as added by this Act.

SECTION 33. (a) As soon as practicable after the effective date of this Act, but not later than October 1, 2015, the Health and Human Services Commission, the Department of Assistive and Rehabilitative Services, and the Texas Workforce Commission shall complete the development of a plan for transitioning data and information technology systems that support the administration of services and programs under Subtitle C, Title 4, Labor Code, as added by this Act, from the Department of Assistive and Rehabilitative Services and the Health and Human Services Commission to the Texas Workforce Commission. The Legislature finds that planning for the timely and successful transition of data and information technology systems is essential to the administration of these services and programs.

(b) The plan developed under this section must:

(1) identify the purpose or need for each of the data and information technology systems;

(2) identify how the data and information technology systems will be used;

(3) identify the date the data and information technology system will be shared with the Texas Workforce Commission;

(4) identify the persons or classes of persons at each agency who require access to information to implement the plan;

(5) require the appropriate privacy and security controls for access;

(6) limit the disclosure of personal information to the minimum amount necessary to accomplish the purpose of the plan; and

(7) to the extent federal approval is required to implement any part of the plan, require the agencies to obtain the required federal approvals before implementing that part of the plan.

(c) Notwithstanding any other law, not later than October 1, 2015, the agencies shall share information as needed to implement the plan developed under this section, subject to the plan's requirements and execution of all agreements necessary to ensure the privacy, security, and confidentiality of the information.

(d) The agencies shall coordinate activities under the plan as needed to reflect any changes in circumstances or direction.

(e) The plan for transitioning data and information technology systems that support the administration of services and programs under Subtitle C, Title 4, Labor Code, as added by this Act, required by Subsection (a) of this section must be included in the transition plan as specified by Section 351.0022, Labor Code, as added by this Act.

SECTION 34. The Department of Assistive and Rehabilitative Services and the Texas Workforce Commission shall actively seek any required federal approval to transfer the administration of services and programs under Subtitle C, Title 4, Labor Code, as added by this Act, from the department to the commission on September 1, 2016.

SECTION 35. Except as otherwise provided by this Act, this Act takes effect September 1, 2015.

Floor Amendment No. 1

Amend CSSB 208 (house committee printing) as follows:

(1) On page 34, line 24, strike "and".

(2) On page 34, line 26, between "programs" and the underlined period, insert the following:

; and

(7) a strategy for exchanging data with other state agencies that refer clients for vocational rehabilitation services

(3) On page 39, line 19, strike "and".

(4) On page 39, line 21, between "programs" and the underlined period, insert the following:

; and

(7) a strategy for exchanging data with other state agencies that refer clients for vocational rehabilitation services

Floor Amendment No. 2

Amend CSSB 208 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter A, Chapter 61, Labor Code, is amended by adding Section 61.006 to read as follows:

Sec. 61.006. NOTICE LANGUAGES. The commission shall:

(1) make available any notice the commission is required to provide to an employee under this chapter in the two languages that are most commonly spoken in this state; and

(2) ensure that employees are notified of an employee's ability to request from the commission notice in either language described by Subdivision (1).

SECTION ____. Section 61.051, Labor Code, is amended by adding Subsection (e) to read as follows:

(e) The commission shall ensure that employees are notified of an employee's ability to request from the commission a wage claim form in either language described by Section 61.006.

The amendments were read.

Senator Campbell moved to concur in the House amendments to SB 208.

The motion prevailed by the following vote: Yeas 27, Nays 4.

Yeas: Bettencourt, Birdwell, Burton, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Garcia, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Nelson, Nichols, Perry, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire.

Nays: Hall, Menéndez, Rodríguez, Zaffirini.

CONFERENCE COMMITTEE ON HOUSE BILL 3535
(Motion In Writing)

Senator Menéndez called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 3535 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 3535 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Menéndez, Chair; Nelson, Bettencourt, Uresti, and L. Taylor.

SENATE BILL 1243 WITH HOUSE AMENDMENTS

Senator Burton called SB 1243 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1243 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to a pilot program for donation and redistribution of certain unused prescription medications; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 431, Health and Safety Code, is amended by adding Subchapter O to read as follows:

SUBCHAPTER O. PRESCRIPTION DRUG DONATION PILOT PROGRAM

Sec. 431.451. DEFINITIONS. In this subchapter:

(1) "Charitable drug donor" means:

(A) a licensed convalescent or nursing facility or related institution, licensed hospice, hospital, physician, or pharmacy;

(B) a pharmaceutical seller or manufacturer that donates drugs under a qualified patient assistance program; or

(C) the licensed health care professional responsible for administration of drugs in a penal institution, as defined by Section 1.07, Penal Code, in this state.

(2) "Charitable medical clinic" has the meaning assigned by Section 431.321.

(3) "Manufacturer" means a person, other than a charitable drug donor, as defined in Chapter 82, Civil Practice and Remedies Code.

(4) "Patient assistance program" means a qualified program offered by a pharmaceutical manufacturer under which the manufacturer provides drugs to financially disadvantaged persons at no charge or at a substantially reduced cost. The term does not include the provision of a drug as part of a clinical trial.

(5) "Pilot program" means the prescription drug donation pilot program under this subchapter.

(6) "Prescription drug" has the meaning assigned by Section 551.003, Occupations Code.

(7) "Seller" means a person, other than a charitable drug donor, as defined in Chapter 82, Civil Practice and Remedies Code.

Sec. 431.452. ESTABLISHMENT OF PILOT PROGRAM. (a) The department shall establish a pilot program for donation and redistribution of prescription drugs under this subchapter.

(b) The department shall conduct the pilot program in one or more municipalities with a population of more than 500,000 but less than one million.

Sec. 431.453. DONATION OF UNUSED DRUGS. (a) A charitable drug donor may donate certain unused prescription drugs to the department for the pilot program under this subchapter.

(b) A seller or manufacturer of a drug that donates drugs through a qualified patient assistance program is considered a charitable drug donor.

(c) A charitable drug donor shall use appropriate safeguards established by department rule to ensure that the drugs are not compromised or illegally diverted while being stored or transported.

(d) The department may not accept the donated drugs unless:

(1) the charitable drug donor certifies that the drugs have been properly stored while in the possession of the donor or of the person for whom the drugs were originally dispensed;

(2) the charitable drug donor provides the department with a verifiable address and telephone number; and

(3) the person transferring possession of the drugs presents photographic identification.

Sec. 431.454. CIRCUMSTANCES UNDER WHICH DONATED DRUGS MAY BE ACCEPTED. (a) The department may accept donated drugs only in accordance with this subchapter.

(b) The donated drugs must be:

(1) prescription drugs; and

(2) approved by the federal Food and Drug Administration and:

(A) sealed in unopened tamper-evident unit dose packaging;

(B) be oral medication in sealed single-dose containers approved by the federal Food and Drug Administration; or

(c) A drug packaged in single unit doses may be accepted and distributed if the outside packaging is opened but the single unit dose packaging is unopened.

(d) Donated drugs may not:

(1) be the subject of a mandatory recall by a state or federal agency or a voluntary recall by a drug seller or manufacturer;

(2) be adulterated or misbranded;

(3) be a controlled substance under Chapter 481;

(4) be a parenteral or injectable medication;

(5) require refrigeration; or

(6) expire less than 60 days after the date of the donation.

(e) The department may distribute the donated drugs only after a licensed pharmacist has determined that the drugs are of an acceptable integrity.

(f) The department may not charge a fee for the drugs donated under the pilot program other than a nominal handling fee to defray the costs incurred in implementing the pilot program under this subchapter.

(g) The department may not resell the drugs donated under the pilot program.

Sec. 431.455. PRESCRIPTION, PROVISION, AND ADMINISTRATION OF DONATED DRUGS. (a) The donated drugs may be accepted and provided or administered to patients only by:

(1) a charitable medical clinic;

(2) a physician's office using the drugs for patients who receive assistance from the medical assistance program under Chapter 32, Human Resources Code, or for other indigent health care; or

(3) a licensed health care professional responsible for administration of drugs in a penal institution, as defined by Section 1.07, Penal Code, in this state.

(b) A prescription drug provided or administered to a patient under the pilot program must be prescribed by a practitioner for use by that patient.

(c) The clinic or physician providing or administering the drug may charge a nominal handling fee in an amount prescribed by department rule.

(d) A clinic, physician, or other licensed health care professional receiving donated drugs may not resell the drugs.

Sec. 431.456. CENTRAL DRUG REPOSITORY. The department shall establish a location to centrally store drugs donated under this subchapter for distribution to qualifying recipients.

Sec. 431.457. DATABASE OF DONATED DRUGS. The department shall establish and maintain an electronic database in which:

(1) the department shall list the name and quantity of each drug donated to the department under the pilot program; and

(2) a charitable medical clinic, physician, or other licensed health care professional may search for and request donated drugs.

Sec. 431.458. RULES. This subchapter shall be governed by department rules that are designed to protect the public health and safety, including:

(1) the maximum handling fee that may be imposed by a clinic or physician providing or administering a donated drug to a patient;

(2) provisions for maintenance of the database of donated drugs; and

(3) any necessary forms for the administration of the pilot program.

Sec. 431.459. LIMITATION ON CIVIL AND CRIMINAL LIABILITY. (a) Charitable drug donors, manufacturers and sellers of donated drugs, charitable medical clinics, physicians, penal institutions, and their employees acting in good faith in providing or administering prescription drugs under the pilot program are not civilly or criminally liable or subject to professional disciplinary action for harm caused by providing or administering drugs donated under this subchapter unless the harm is caused by:

(1) wilful or wanton acts of negligence;

(2) conscious indifference or reckless disregard for the safety of others; or

(3) intentional conduct.

(b) This section does not apply if the harm results from the failure to comply with the requirements of this subchapter.

(c) This section does not apply to a charitable medical clinic that fails to comply with the insurance provisions of Chapter 84, Civil Practice and Remedies Code.

Sec. 431.460. REPORTS TO LEGISLATURE. Not later than January 1 of each odd-numbered year, the department shall report to the legislature on the results of the pilot program. The report must include:

(1) the pilot program's efficacy in expanding access to prescription medications;

(2) any cost savings to the state or local governments resulting from or projected to result from the pilot program;

(3) an evaluation of the pilot program's database and system of distribution;

(4) any health and safety issues posed by providing or administering donated drugs;

(5) recommendations on improvements to the pilot program; and

(6) an evaluation of potential expansion of the pilot program.

SECTION 2. (a) As soon as practicable after the effective date of this Act, the Department of State Health Services shall conduct a study to determine the feasibility of establishing a program under which:

(1) a hospital, a nursing facility, or another health facility may transfer to the department, or an entity designated by the department, for no payment, unused drugs that the hospital, nursing facility, or health facility received reimbursement for the cost of under Medicaid; and

(2) the department, or the entity designated by the department, distributes to public hospitals the unused drugs transferred to the department or entity under Subdivision (1) of this subsection.

(b) In conducting the study under Subsection (a) of this section, the Department of State Health Services shall consider the rules the executive commissioner of the Health and Human Services Commission may need to adopt to implement the program described in Subsection (a) of this section, including rules that provide for:

(1) the types of unused drugs that may be transferred to the department or an entity designated by the department;

(2) the procedures for transferring unused drugs to the department or the entity designated by the department;

(3) the procedures for allocating and distributing the unused drugs to public hospitals; and

(4) the qualifications for an entity to be designated by the department to receive and distribute unused drugs under the program, including demonstrated expertise in handling, storing, and assessing prescription and nonprescription drugs and coordinating with the state's public hospital system.

(c) Not later than September 1, 2016, the Department of State Health Services shall submit to the legislature a report containing the findings of the study conducted under Subsection (a) of this section.

SECTION 3. Not later than December 1, 2015, the Department of State Health Services shall establish the central repository and database required by Subchapter O, Chapter 431, Health and Safety Code, as added by this Act.

SECTION 4. The change in law made by this Act applies only to a drug that is donated, accepted, provided, or administered on or after January 1, 2016.

SECTION 5. This Act takes effect September 1, 2015.

Floor Amendment No. 1 on Third Reading

Amend SB 1243 (house committee report) as follows:

(1) On page 4, line 5, following the underlined semicolon, strike "or".

(2) On page 4, line 7, between "donation" and the underlined period, insert the following:

; or

(7) be a drug that is prohibited from being dispensed to a patient other than a patient who is registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements

The amendments were read.

Senator Burton moved to concur in the House amendments to SB 1243.

The motion prevailed by the following vote: Yeas 31, Nays 0.

SENATE BILL 1287 WITH HOUSE AMENDMENTS

Senator Hinojosa called SB 1287 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1287 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the Texas Forensic Science Commission, the accreditation of crime laboratories, and the licensing and regulation of forensic analysts; authorizing fees; requiring an occupational license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2, Article 38.01, Code of Criminal Procedure, is amended by amending Subdivision (1) and adding Subdivision (5) to read as follows:

(1) "Accredited field of forensic science" means a specific forensic method or methodology validated or approved by the commission under this article [public safety director of the Department of Public Safety under Section 411.0205(b-1)(2), Government Code, as part of the accreditation process for crime laboratories established by rule under Section 411.0205(b) of that code].

(5) "Physical evidence" has the meaning assigned by Article 38.35.

SECTION 2. Section 3(a), Article 38.01, Code of Criminal Procedure, is amended to read as follows:

(a) The commission is composed of nine members appointed by the governor as follows:

(1) two members who must have expertise in the field of forensic science;

(2) one member who must be a prosecuting attorney that the governor selects from a list of 10 names submitted by the Texas District and County Attorneys Association;

(3) one member who must be a defense attorney that the governor selects from a list of 10 names submitted by the Texas Criminal Defense Lawyers Association;

(4) one member who must be a faculty member or staff member of The University of Texas who specializes in clinical laboratory medicine that the governor selects from a list of five [10] names submitted by the chancellor of The University of Texas System;

(5) one member who must be a faculty member or staff member of Texas A&M University who specializes in clinical laboratory medicine that the governor selects from a list of five [10] names submitted by the chancellor of The Texas A&M University System;

(6) one member who must be a faculty member or staff member of Texas Southern University that the governor selects from a list of five [10] names submitted by the chancellor of Texas Southern University;

(7) one member who must be a director or division head of the University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database; and

(8) one member who must be a faculty or staff member of the Sam Houston State University College of Criminal Justice and have expertise in the field of forensic science or statistical analyses that the governor selects from a list of five [10] names submitted by the chancellor of the Texas State University System.

SECTION 3. Sections 4(b) and (b-1), Article 38.01, Code of Criminal Procedure, are amended to read as follows:

(b) If the commission conducts an investigation under Subsection (a)(3) of a crime laboratory that is accredited [~~by the Department of Public Safety~~] under this article [~~Section 411.0205, Government Code,~~] pursuant to an allegation of professional negligence or professional misconduct involving an accredited field of forensic science, the investigation:

(1) must include the preparation of a written report that identifies and also describes the methods and procedures used to identify:

(A) the alleged negligence or misconduct;

(B) whether negligence or misconduct occurred;

(D) observations of the commission regarding the integrity and reliability of the forensic analysis conducted;

(E) best practices identified by the commission during the course of the investigation; and

(F) other recommendations that are relevant, as determined by the commission; and

(2) may include one or more:

(A) retrospective reexaminations of other forensic analyses conducted by the laboratory, facility, or entity that may involve the same kind of negligence or misconduct; and

(B) follow-up evaluations of the laboratory, facility, or entity to review:

(i) the implementation of any corrective action required under Subdivision (1)(C); or

(ii) the conclusion of any retrospective reexamination under Paragraph (A).

(b-1) If the commission conducts an investigation under Subsection (a)(3) of a crime laboratory that is not accredited [~~by the Department of Public Safety~~] under this article [~~Section 411.0205, Government Code,~~] or the investigation is conducted pursuant to an allegation involving a forensic method or methodology that is not an accredited field of forensic science, the investigation may include the preparation of a written report that contains:

(1) observations of the commission regarding the integrity and reliability of the forensic analysis conducted;

(2) best practices identified by the commission during the course of the investigation; or

(3) other recommendations that are relevant, as determined by the commission.

SECTION 4. Article 38.01, Code of Criminal Procedure, is amended by adding Sections 3-a, 4-a, 4-b, and 4-c to read as follows:

Sec. 3-a. RULES. The commission shall adopt rules necessary to implement this article.

Sec. 4-a. FORENSIC ANALYST LICENSING. (a) Notwithstanding Section 2, in this section:

(1) "Forensic analysis" has the meaning assigned by Article 38.35.

(2) "Forensic analyst" means a person who on behalf of a crime laboratory accredited under this article technically reviews or performs a forensic analysis or draws conclusions from or interprets a forensic analysis for a court or crime laboratory. The term does not include a medical examiner or other forensic pathologist who is a licensed physician.

(b) A person may not act or offer to act as a forensic analyst unless the person holds a forensic analyst license. The commission by rule may establish classifications of forensic analyst licenses if the commission determines that it is necessary to ensure the availability of properly trained and qualified forensic analysts to perform activities regulated by the commission.

(c) The commission by rule may establish voluntary licensing programs for forensic disciplines that are not subject to accreditation under this article.

(d) The commission by rule shall:

(1) establish the qualifications for a license that include:

(A) successful completion of the education requirements established by the commission;

(B) specific course work and experience, including instruction in courtroom testimony and ethics in a crime laboratory;

(D) successful completion of proficiency testing to the extent required for crime laboratory accreditation;

(2) set fees for the issuance and renewal of a license; and

(3) establish the term of a forensic analyst license.

(e) The commission by rule may recognize a certification issued by a national organization in an accredited field of forensic science as satisfying the requirements established under Subsection (d)(1)(C) to the extent the commission determines the content required to receive the certification is substantially equivalent to the content of the requirements under that subsection.

(f) The commission shall issue a license to an applicant who:

(1) submits an application on a form prescribed by the commission;

(2) meets the qualifications established by commission rule; and

(3) pays the required fee.

Sec. 4-b. ADVISORY COMMITTEE. (a) The commission shall establish an advisory committee to advise the commission and make recommendations on matters related to the licensing of forensic analysts under Section 4-a.

(b) The advisory committee consists of nine members as follows:

(1) one prosecuting attorney recommended by the Texas District and County Attorneys Association;

(2) one defense attorney recommended by the Texas Criminal Defense Lawyers Association; and

(3) seven members who are forensic scientists, crime laboratory directors, or crime laboratory quality managers, selected by the commission from a list of 20 names submitted by the Texas Association of Crime Laboratory Directors.

(c) The commission shall ensure that appointments under Subsection (b)(3) include representation from municipal, county, state, and private crime laboratories that are accredited under this article.

(d) The advisory committee members serve staggered two-year terms, with the terms of four or five members, as appropriate, expiring on August 31 of each year. An advisory committee member may not serve more than two consecutive terms. A vacancy on the advisory committee is filled by appointing a member in the same manner as the original appointment to serve for the unexpired portion of the term.

(e) The advisory committee shall elect a presiding officer from among its members to serve a one-year term. A member may serve more than one term as presiding officer.

(f) The advisory committee shall meet annually and at the call of the presiding officer or the commission.

(g) An advisory committee member is not entitled to compensation. A member is entitled to reimbursement for actual and necessary expenses incurred in performing duties as a member of the advisory committee subject to the General Appropriations Act.

(h) Chapter 2110, Government Code, does not apply to the advisory committee.

Sec. 4-c. DISCIPLINARY ACTION. (a) On a determination by the commission that a license holder has committed professional misconduct under this article or violated this article or a rule or order of the commission under this article, the commission may:

(1) revoke or suspend the person's license;

(2) refuse to renew the person's license; or

(3) reprimand the license holder.

(b) The commission may place on probation a person whose license is suspended. If a license suspension is probated, the commission may require the license holder to:

(1) report regularly to the commission on matters that are the basis of the probation; or

(2) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.

(c) Disciplinary proceedings of the commission are governed by Chapter 2001, Government Code. A hearing under this section shall be conducted by an administrative law judge of the State Office of Administrative Hearings.

SECTION 5. Section 411.0205, Government Code, is transferred to Chapter 38, Code of Criminal Procedure, redesignated as Section 4-d, Article 38.01, Code of Criminal Procedure, and amended to read as follows:

Sec. 4-d [~~411.0205~~]. CRIME LABORATORY ACCREDITATION PROCESS. (a) Notwithstanding Section 2, in this section [~~In this section, "crime laboratory,"~~] "forensic analysis" has the meaning [~~analysis," and "physical evidence" have the meanings~~] assigned by Article 38.35 [~~, Code of Criminal Procedure~~].

(b) The commission [~~director~~] by rule:

(1) shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings; and

(2) may modify or remove a crime laboratory exemption under this section if the commission [~~director~~] determines that the underlying reason for the exemption no longer applies.

(b-1) As part of the accreditation process established and implemented under Subsection (b), the commission [~~director~~] may:

(1) establish minimum standards that relate to the timely production of a forensic analysis to the agency requesting the analysis and that are consistent with this article and applicable laws [~~code~~];

(2) validate or approve specific forensic methods or methodologies; and

(3) establish procedures, policies, and practices to improve the quality of forensic analyses conducted in this state.

(b-2) The commission [~~director~~] may require that a laboratory, facility, or entity required to be accredited under this section pay any costs incurred to ensure compliance with the accreditation process.

(b-3) A [~~The director shall require that a~~] laboratory, facility, or entity that must be accredited under this section shall, as part of the accreditation process, agree to consent to any request for cooperation by the commission [~~Texas Forensic Science Commission~~] that is made as part of the exercise of the commission's duties under this article [~~Article 38.01, Code of Criminal Procedure~~].

(c) The commission [~~director~~] by rule may exempt from the accreditation process established under Subsection (b) a crime laboratory conducting a forensic analysis or a type of analysis, examination, or test if the commission [~~director~~] determines that:

(1) independent accreditation is unavailable or inappropriate for the laboratory or the type of analysis, examination, or test performed by the laboratory;

(2) the type of analysis, examination, or test performed by the laboratory is admissible under a well-established rule of evidence or a statute other than Article 38.35 [~~, Code of Criminal Procedure~~];

(3) the type of analysis, examination, or test performed by the laboratory is routinely conducted outside of a crime laboratory by a person other than an employee of the crime laboratory; or

(4) the laboratory:

(A) is located outside this state or, if located in this state, is operated by a governmental entity other than the state or a political subdivision of the state; and

(B) was accredited at the time of the analysis under an accreditation process with standards that meet or exceed the relevant standards of the process established [~~by the director~~] under Subsection (b).

(d) The commission [~~director~~] may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of a crime laboratory that is accredited or seeking accreditation under this section.

(e) The commission [~~director~~] may collect costs incurred under this section for accrediting, inspecting, or auditing a crime laboratory.

(f) If the commission [~~director~~] provides a copy of an audit or other report made under this section, the commission [~~director~~] may charge $6 for the copy, in addition to any other cost permitted under Chapter 552, Government Code, or a rule adopted under that chapter.

[~~(g)~~ Funds collected under this section shall be deposited in the state treasury to the credit of the state highway fund, and money deposited to the state highway fund under this section may be used only to defray the cost of administering this section or Subchapter G.]

SECTION 6. Section 8, Article 38.01, Code of Criminal Procedure, is amended to read as follows:

Sec. 8. ANNUAL REPORT. Not later than December 1 of each year, the commission shall prepare and publish a report that includes:

(1) a description of each complaint filed with the commission during the preceding 12-month period, the disposition of each complaint, and the status of any complaint still pending on December 31;

(2) a description of any specific forensic method or methodology the commission designates [~~recommends to the public safety director of the Department of Public Safety for validation or approval under Section 411.0205(b-1)(2), Government Code,~~] as part of the accreditation process for crime laboratories established by rule under this article [~~Section 411.0205(b) of that code~~];

(3) recommendations for best practices concerning the definition of "forensic analysis" provided by statute or by rule [~~of the Department of Public Safety~~];

(4) developments in forensic science made or used in other state or federal investigations and the activities of the commission, if any, with respect to those developments; and

(5) other information that is relevant to investigations involving forensic science, as determined by the presiding officer of the commission.

SECTION 7. Articles 38.35(a)(3) and (4), Code of Criminal Procedure, are amended to read as follows:

(3) "Commission" [~~"Director"~~] means the Texas Forensic Science Commission established under Article 38.01 [~~public safety director of the Department of Public Safety~~].

(4) "Forensic analysis" means a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action. The term includes an examination or test requested by a law enforcement agency, prosecutor, criminal suspect or defendant, or court. The term does not include:

(A) latent print examination;

(B) a test of a specimen of breath under Chapter 724, Transportation Code;

(D) an examination or test excluded by rule under Article 38.01 [~~Section 411.0205(c), Government Code~~];

(E) a presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or

(F) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action.

SECTION 8. Articles 38.35(d) and (e), Code of Criminal Procedure, are amended to read as follows:

(d)(1) Except as provided by Subsection (e), a forensic analysis of physical evidence under this article and expert testimony relating to the evidence are not admissible in a criminal action if, at the time of the analysis, the crime laboratory conducting the analysis was not accredited by the commission [~~director~~] under Article 38.01 [~~Section 411.0205, Government Code~~].

(2) If before the date of the analysis the commission [~~director~~] issues a certificate of accreditation under Article 38.01 [~~Section 411.0205, Government Code,~~] to a crime laboratory conducting the analysis, the certificate is prima facie evidence that the laboratory was accredited by the commission [~~director~~] at the time of the analysis.

(e) A forensic analysis of physical evidence under this article and expert testimony relating to the evidence are not inadmissible in a criminal action based solely on the accreditation status of the crime laboratory conducting the analysis if the laboratory:

(A) except for making proper application, was eligible for accreditation by the commission [~~director~~] at the time of the examination or test; and

(B) obtains accreditation from the commission [~~director~~] before the time of testimony about the examination or test.

SECTION 9. Articles 38.43(i) and (m), Code of Criminal Procedure, are amended to read as follows:

(i) Before a defendant is tried for a capital offense in which the state is seeking the death penalty, subject to Subsection (j), the state shall require either the Department of Public Safety through one of its laboratories or a laboratory accredited under Article 38.01 [~~Section 411.0205, Government Code,~~] to perform DNA testing, in accordance with the laboratory's capabilities at the time the testing is performed, on any biological evidence that was collected as part of an investigation of the offense and is in the possession of the state. The laboratory that performs the DNA testing shall pay for all DNA testing performed in accordance with this subsection.

(m) A defendant may have another laboratory accredited under Article 38.01 [~~Section 411.0205, Government Code,~~] perform additional testing of any biological evidence required to be tested under Subsection (i). On an ex parte showing of good cause to the court, a defendant may have a laboratory accredited under Article 38.01 [~~Section 411.0205, Government Code,~~] perform testing of any biological material that is not required to be tested under Subsection (i). The defendant is responsible for the cost of any testing performed under this subsection.

SECTION 10. Article 64.03(c), Code of Criminal Procedure, is amended to read as follows:

(c) If the convicting court finds in the affirmative the issues listed in Subsection (a)(1) and the convicted person meets the requirements of Subsection (a)(2), the court shall order that the requested forensic DNA testing be conducted. The court may order the test to be conducted by:

(1) the Department of Public Safety;

(2) a laboratory operating under a contract with the department; or

(3) on the request of the convicted person, another laboratory if that laboratory is accredited under Article 38.01 [~~Section 411.0205, Government Code~~].

SECTION 11. Section 411.145(c), Government Code, is amended to read as follows:

(c) A fee collected under this section shall be deposited in the state treasury to the credit of the state highway fund, and money deposited to the state highway fund under this section and under Articles 42.12 and 102.020(h), Code of Criminal Procedure, may be used only to defray the cost of administering this subchapter [~~and Section 411.0205~~].

SECTION 12. Section 420.003(1), Government Code, is amended to read as follows:

(1) "Accredited crime laboratory" means a crime laboratory, as that term is defined by Article 38.35, Code of Criminal Procedure, that has been accredited under Article 38.01 of that code [~~Section 411.0205~~].

SECTION 13. On the effective date of this Act:

(1) a certificate of accreditation issued by the Department of Public Safety under former Section 411.0205, Government Code, is continued in effect as a certificate of accreditation of the Texas Forensic Science Commission; and

(2) an application or proceeding before the Department of Public Safety under former Section 411.0205, Government Code, that is pending on the effective date of this Act is transferred without change in status to the Texas Forensic Science Commission.

SECTION 14. Not later than January 1, 2016, the Texas Forensic Science Commission shall appoint the members of the advisory committee in accordance with Section 4-b, Article 38.01, Code of Criminal Procedure, as added by this Act. In making the appointments, the commission shall designate:

(1) four members to serve terms expiring August 31, 2016; and

(2) five members to serve terms expiring August 31, 2017.

SECTION 15. Not later than January 1, 2017, the Texas Forensic Science Commission shall make recommendations to the legislature regarding suggested changes to the licensing of forensic analysts as established by this Act, including recommendations regarding the issuance of licenses to individuals practicing as forensic analysts on the effective date of this Act.

SECTION 16. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2015.

(b) Section 4-a(b), Article 38.01, Code of Criminal Procedure, as added by this Act, takes effect January 1, 2019.

Floor Amendment No. 1 on Third Reading

Amend SB 1287 on third reading by adding the following appropriately numbered SECTION and renumbering the SECTIONS of the bill accordingly:

SECTION ____. Article 38.01, Code of Criminal Procedure, is amended by adding Section 12 to read as follows:

Sec. 12. COLLECTION OF CERTAIN FORENSIC EVIDENCE. The commission shall establish a method for collecting DNA and other forensic evidence related to unidentified bodies located less than 120 miles from the Rio Grande River.

The amendments were read.

Senator Hinojosa moved to concur in the House amendments to SB 1287.

The motion prevailed by the following vote: Yeas 28, Nays 3.

Yeas: Bettencourt, Birdwell, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Garcia, Hall, Hancock, Hinojosa, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays: Burton, Huffines, V. Taylor.

SENATE BILL 1406 WITH HOUSE AMENDMENT

Senator Schwertner called SB 1406 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1406 (house committee printing) by striking page 1, line 7, through page 3, line 15, and substituting the following:

Sec. 261.3022. CHILD SAFETY CHECK ALERT LIST. (a) The [~~Subject to the availability of funds, the~~] Department of Public Safety of the State of Texas shall maintain [~~create~~] a child safety check alert list as part of the Texas Crime Information Center to help locate a child or the child's family for purposes of:

(1) investigating a report of child abuse or neglect;

(2) providing protective services to a family receiving family-based support services; or

(3) providing protective services to the family of a child in the managing conservatorship of the department.

(b) If [~~the child safety check alert list is established and~~] the department is unable to locate a child or the child's family for a purpose described by Subsection (a) after the department has attempted to locate the child for not more than 20 days, the department shall notify the Texas Department of Public Safety that the department is unable to locate the child or the child's family. The notice must include the information required by Subsections (c)(1)-(10).

(c) On receipt of the notice from the department, the Texas Department of Public Safety shall [purposes of investigating a report of child abuse or neglect, after the department has exhausted all means available to the department for locating the family, the department may seek assistance under this section from the appropriate county attorney, district attorney, or criminal district attorney with responsibility for representing the department as provided by Section 264.009.

[~~(c)~~ If the department requests assistance, the county attorney, district attorney, or criminal district attorney, as applicable, may file an application with the court requesting the issuance of an ex parte order requiring the Texas Crime Information Center to place the members of the family the department is attempting to locate on a child safety check alert list. The application must include a summary of:

[~~(1)~~ ~~the report of child abuse or neglect the department is attempting to investigate; and~~

[~~(2)~~ ~~the department's efforts to locate the family.~~

[~~(d)~~ If the court determines after a hearing that the department has exhausted all means available to the department for locating the family, the court shall approve the application and order the appropriate law enforcement agency to] notify the Texas Crime Information Center to place the child and the child's family on a child safety check alert list. The alert list must include the following information if known or readily available:

(1) the name, sex, race, date of birth, any known identifying numbers, including social security number and driver's license number, and personal descriptions of the family member alleged to have abused or neglected a child according to the report the department is attempting to investigate;

(2) the name, sex, race, date of birth, any known identifying numbers, including social security number and driver's license number, and personal descriptions of any parent, managing conservator, or guardian of the child who cannot be located for the purposes described by Subsection (a);

(3) the name, sex, race, date of birth, any known identifying numbers, including social security number and driver's license number, and personal descriptions of the child who is the subject of the report or is receiving services described by Subsection (a)(2) or (3);

(4) if applicable, [~~(3)~~] a code identifying the type of child abuse or neglect alleged or determined to have been committed against the child;

(5) [~~(4)~~] the family's last known address; [~~and~~]

(6) any known description of the motor vehicle, including the vehicle's make, color, style of body, model year, and vehicle identification number, in which the child is suspected to be transported;

(7) the case number assigned by the department;

(8) the department's dedicated law-enforcement telephone number for statewide intake;

(9) the date and time when and the location where the child was last seen; and

(10) any other information required [~~(5) the minimum criteria~~] for an entry as established by the center.

The amendment was read.

Senator Schwertner moved to concur in the House amendment to SB 1406.

The motion prevailed by the following vote: Yeas 31, Nays 0.

SENATE BILL 1580 WITH HOUSE AMENDMENT

Senator Garcia called SB 1580 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1580 (house committee report) as follows:

(1) On page 1, strike lines 7-23.

(2) On page 1, line 24, strike "2306.1102" and substitute "2306.1101".

(3) On page 2, strike lines 4 through 18 and substitute the following:

(b) The report prepared under this section must:

(1) include a summary of the information resulting from the study;

(2) note any significant assumptions made in preparing the report, including the definition of "homelessness" that was used to prepare the report and the reason that definition was used;

(3) summarize the status of the homeless veteran population in this state and note any trends observed in the previous three calendar years;

(4) based on input from the Texas Veterans Commission and the Texas Interagency Council for the Homeless, describe the statewide and major local entities serving homeless veteran populations, and the funding sources of those entities; and

(5) provide recommendations, including recommendations made by the Texas Interagency Council for the Homeless, to improve the effectiveness of this state's approach to addressing homelessness among veterans, including any recommended changes to state law.

(4) On page 2, line 21, strike "section" and substitute "subchapter".

The amendment was read.

Senator Garcia moved to concur in the House amendment to SB 1580.

The motion prevailed by the following vote: Yeas 28, Nays 3.

Yeas: Birdwell, Burton, Campbell, Creighton, Ellis, Eltife, Estes, Fraser, Garcia, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menéndez, Nelson, Perry, Rodríguez, Schwertner, Seliger, L. Taylor, V. Taylor, Uresti, Watson, West, Whitmire, Zaffirini.

Nays: Bettencourt, Hall, Nichols.

SENATE BILL 1876 WITH HOUSE AMENDMENTS

Senator Zaffirini called SB 1876 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1876 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of attorneys ad litem, guardians ad litem, mediators, and guardians.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 2, Government Code, is amended by adding Chapter 37 to read as follows:

CHAPTER 37. APPOINTMENTS OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS

Sec. 37.001. APPLICABILITY; CONFLICT OF LAW. (a) This chapter applies to a court in this state created by the Texas Constitution, by statute, or as authorized by statute.

(b) To the extent of a conflict between this chapter and a specific provision relating to a court, this chapter controls.

Sec. 37.002. EXEMPTION. The appointment requirements of Section 37.004 do not apply to:

(1) a mediation conducted by an alternative dispute resolution system established under Chapter 152, Civil Practice and Remedies Code;

(2) a guardian ad litem or other person appointed under a program authorized by Section 107.031, Family Code;

(3) an attorney ad litem, guardian ad litem, amicus attorney, or mediator appointed under a domestic relations office established under Chapter 203, Family Code; or

(4) a person other than an attorney or a private professional guardian appointed to serve as a guardian as defined by Section 1002.012, Estates Code.

Sec. 37.003. LISTS OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS. (a) In addition to a list required by other state law or rule, each court in this state shall establish and maintain the following lists:

(1) a list of all attorneys who are qualified to serve as an attorney ad litem and are registered with the court;

(2) a list of all attorneys and other persons who are qualified to serve as a guardian ad litem and are registered with the court;

(3) a list of all persons who are registered with the court to serve as a mediator; and

(4) a list of all attorneys and private professional guardians who are qualified to serve as a guardian as defined by Section 1002.012, Estates Code, and are registered with the court.

(b) A court may establish and maintain more than one of a list required under Subsection (a) that is categorized by the type of case and the person's qualifications.

(c) A local administrative judge, at the request of one or more of the courts the judge serves, shall establish and maintain the lists required under Subsection (a) for those courts. The local administrative judge may establish and maintain one set of lists for all of the requesting courts and may maintain for the courts more than one of a list as provided in Subsection (b).

Sec. 37.004. APPOINTMENT OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS; MAINTENANCE OF LISTS. (a) Except as provided by Subsections (c) and (d), in each case in which the appointment of an attorney ad litem, guardian ad litem, or guardian is necessary, a court using a rotation system shall appoint the person whose name appears first on the applicable list maintained by the court as required by Section 37.003.

(b) In each case in which the appointment of a mediator is necessary because the parties to the case are unable to agree on a mediator, a court using a rotation system shall appoint the person whose name appears first on the mediator list maintained by the court as required under Section 37.003.

(c) The court may appoint a person included on the applicable list whose name does not appear first on the list, or a person who meets statutory or other requirements to serve and who is not included on the list, if the appointment of that person as attorney ad litem, guardian ad litem, or guardian is agreed on by the parties and approved by the court.

(d) On finding good cause, the court may appoint a person included on the applicable list whose name does not appear first on the list, or a person who meets statutory or other requirements to serve on the case and who is not included on the list, if the appointment of that person as attorney ad litem, guardian ad litem, mediator, or guardian is required on a complex matter because the person possesses relevant specialized education, training, certification, or skill.

(e) A person who is not appointed in the order in which the person's name appears on the applicable list shall remain next in order on the list.

(f) After a person has been appointed as an attorney ad litem, guardian ad litem, mediator, or guardian from the applicable list, the court shall place that person's name at the end of the list.

Sec. 37.005. POSTING OF LISTS. A court annually shall post each list established under Section 37.003 at the courthouse of the county in which the court is located and on any Internet website of the court.

SECTION 2. Section 25.0022(d), Government Code, is amended to read as follows:

(d) The presiding judge shall:

(1) ensure the promulgation of local rules of administration in accordance with policies and guidelines set by the supreme court;

(2) advise local statutory probate court judges on case flow management practices and auxiliary court services;

(3) perform a duty of a local administrative statutory probate court judge if the local administrative judge does not perform that duty;

(4) appoint an assistant presiding judge of the statutory probate courts;

(5) call and preside over annual meetings of the judges of the statutory probate courts at a time and place in the state as designated by the presiding judge;

(6) call and convene other meetings of the judges of the statutory probate courts as considered necessary by the presiding judge to promote the orderly and efficient administration of justice in the statutory probate courts;

(7) study available statistics reflecting the condition of the dockets of the probate courts in the state to determine the need for the assignment of judges under this section;

(8) compare local rules of court to achieve uniformity of rules to the extent practical and consistent with local conditions; [~~and~~]

(9) assign a judge or former or retired judge of a statutory probate court to hear a case under the circumstances described by Section 25.002201(b); and

(10) require the local administrative judge for statutory probate courts in a county to ensure that all statutory probate courts in the county comply with Chapter 37.

SECTION 3. Section 74.092, Government Code, is amended to read as follows:

Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. [~~(a)~~] A local administrative judge, for the courts for which the judge serves as local administrative judge, shall:

(1) implement and execute the local rules of administration, including the assignment, docketing, transfer, and hearing of cases;

(2) appoint any special or standing committees necessary or desirable for court management and administration;

(3) promulgate local rules of administration if the other judges do not act by a majority vote;

(4) recommend to the regional presiding judge any needs for assignment from outside the county to dispose of court caseloads;

(5) supervise the expeditious movement of court caseloads, subject to local, regional, and state rules of administration;

(6) provide the supreme court and the office of court administration requested statistical and management information;

(7) set the hours and places for holding court in the county;

(8) supervise the employment and performance of nonjudicial personnel;

(9) supervise the budget and fiscal matters of the local courts, subject to local rules of administration;

(10) coordinate and cooperate with any other local administrative judge in the district in the assignment of cases in the courts' concurrent jurisdiction for the efficient operation of the court system and the effective administration of justice;

(11) if requested by the courts the judge serves, establish and maintain the lists required by Section 37.003 and ensure appointments are made from the lists in accordance with Section 37.004 [~~a list of all attorneys qualified to serve as an attorney ad litem~~]; and

(12) perform other duties as may be directed by the chief justice or a regional presiding judge.

[~~(b)~~ ~~A list of attorneys ad litem maintained under Subsection (a)(11) must contain the names of all attorneys who:~~

[~~(1)~~ ~~meet any statutory or other requirements to serve as an attorney ad litem; and~~

[~~(2)~~ ~~have registered to serve as attorney ad litem with a court for which the judge maintaining the list serves as local administrative judge.~~]

SECTION 4. Section 74.093, Government Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) The rules may provide for the establishment and maintenance of the lists required by Section 37.003, including the establishment and maintenance of more than one of a list required by that section that is categorized by the type of case, such as family law or probate law, and the person's qualifications.

SECTION 5. Section 74.098, Government Code, is repealed.

SECTION 6. Chapter 37, Government Code, as added by this Act, and Section 74.092, Government Code, as amended by this Act, apply only to the appointment of an attorney ad litem, guardian ad litem, mediator, or guardian made on or after the effective date of this Act. An appointment made before the effective date of this Act is governed by the law in effect on the date the appointment was made, and the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2015.

Floor Amendment No. 1

Amend CSSB 1876 (house committee report) on page 3 by striking lines 23-24 and substituting the following:

person:

(1) possesses relevant specialized education, training, certification, skill, language proficiency, or knowledge of the subject matter of the case;

(2) has relevant prior involvement with the parties or case; or

(3) is in a relevant geographic location.

Floor Amendment No. 2

Amend CSSB 1876 (house committee printing) on page 1, line 11, between "statute" and the underlined period by inserting "that is located in a county with a population of 100,000 or more".

Floor Amendment No. 2 on Third Reading

Amend SB 1876 on third reading, in SECTION 1 of the bill, in proposed Section 37.001(a), Government Code (in the language added by Amendment No. 2 by Murr on second reading), by striking "100,000" and substituting "25,000".

The amendments were read.

Senator Zaffirini moved to concur in the House amendments to SB 1876.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Bettencourt.

SENATE BILL 1877 WITH HOUSE AMENDMENT

Senator Zaffirini called SB 1877 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1877 (house committee report) as follows:

(1) On page 1, line 18, between "agency" and the underlined period, insert "who handle sensitive information, including financial, medical, personnel, or student data".

(2) On page 1, line 18, strike "An employee of the agency" and substitute "The employee".

(3) On page 1, line 21, strike "of the agency" and substitute "described by Subsection (c)".

The amendment was read.

Senator Zaffirini moved to concur in the House amendment to SB 1877.

The motion prevailed by the following vote: Yeas 31, Nays 0.

SENATE BILL 1296 WITH HOUSE AMENDMENTS

Senator West called SB 1296 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1296 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 83rd Legislature to other Acts of that legislature.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. GENERAL PROVISIONS

SECTION 1.001. This Act is enacted as part of the state's continuing statutory revision program under Chapter 323, Government Code. This Act is a revision for purposes of Section 43, Article III, Texas Constitution, and has the purposes of:

(1) codifying without substantive change or providing for other appropriate disposition of various statutes that were omitted from enacted codes;

(2) conforming codifications enacted by the 83rd Legislature to other Acts of that legislature that amended the laws codified or added new law to subject matter codified;

(3) making necessary corrections to enacted codifications; and

(4) renumbering or otherwise redesignating titles, chapters, and sections of codes that duplicate title, chapter, or section designations.

SECTION 1.002. (a) The repeal of a statute by this Act does not affect an amendment, revision, or reenactment of the statute by the 84th Legislature, Regular Session, 2015. The amendment, revision, or reenactment is preserved and given effect as part of the code provision that revised the statute so amended, revised, or reenacted.

(b) If any provision of this Act conflicts with a statute enacted by the 84th Legislature, Regular Session, 2015, the statute controls.

SECTION 1.003. (a) A transition or saving provision of a law codified by this Act applies to the codified law to the same extent as it applied to the original law.

(b) The repeal of a transition or saving provision by this Act does not affect the application of the provision to the codified law.

(c) In this section, "transition provision" includes any temporary provision providing for a special situation in the transition period between the existing law and the establishment or implementation of the new law.

SECTION 1.004. (a) The repeal of a law, including a validating law, by this Act does not remove, void, or otherwise affect in any manner a validation under the repealed law. The validation is preserved and continues to have the same effect that it would have if the law were not repealed.

(b) Subsection (a) of this section does not diminish the saving provisions prescribed by Section 311.031, Government Code.

ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE

SECTION 2.001. Section 11.72, Alcoholic Beverage Code, as amended by Chapters 451 (S.B. 828) and 1190 (S.B. 1090), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The commission or administrator may suspend or revoke the permit of a person who is represented by the holder of an agent's permit under Section 15.01, 35.01 [~~or a manufacturer's agent's permit as described by Section 36.01~~], or 36.01 or otherwise discipline the person based on an act or omission of the holder of the agent's [~~or manufacturer's agent's~~] permit only if an individual employed by the person in a supervisory position:

(1) was directly involved in the act or omission of the holder of the agent's [~~or manufacturer's agent's~~] permit;

(2) had notice or knowledge of the act or omission; or

(3) failed to take reasonable steps to prevent the act or omission.

SECTION 2.002. Section 14.01(a), Alcoholic Beverage Code, as amended by Chapters 106 (S.B. 905), 195 (S.B. 642), and 1171 (S.B. 652), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) The holder of a distiller's and rectifier's permit may:

(1) manufacture distilled spirits;

(2) rectify, purify, and refine distilled spirits and wines;

(3) mix wines, distilled spirits, or other liquors;

(4) bottle, label, and package the permit holder's finished products;

(5) sell the finished products in this state to holders of wholesaler's permits and to qualified persons outside the state;

(6) purchase distilled spirits, to be used only for manufacturing or rectification purposes, from holders of nonresident seller's permits or distiller's and rectifier's permits;

(7) dispense free distilled spirits for consumption on the permitted premises under Section 14.04; [~~and~~]

(8) sell bulk alcohol produced by the permit holder to holders of industrial permits in this state; and

(9) [~~(8)~~] if located in a wet area, sell distilled spirits to ultimate consumers under Section 14.04 or 14.05.

ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE

SECTION 3.001. Section 51.014(a), Civil Practice and Remedies Code, as amended by Chapters 44 (H.B. 200) and 1042 (H.B. 2935), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) A person may appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that:

(1) appoints a receiver or trustee;

(2) overrules a motion to vacate an order that appoints a receiver or trustee;

(3) certifies or refuses to certify a class in a suit brought under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants or overrules a motion to dissolve a temporary injunction as provided by Chapter 65;

(5) denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based in whole or in part upon a claim against or defense by a member of the electronic or print media, acting in such capacity, or a person whose communication appears in or is published by the electronic or print media, arising under the free speech or free press clause of the First Amendment to the United States Constitution, or Article I, Section 8, of the Texas Constitution, or Chapter 73;

(7) grants or denies the special appearance of a defendant under Rule 120a, Texas Rules of Civil Procedure, except in a suit brought under the Family Code;

(8) grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001;

(9) denies all or part of the relief sought by a motion under Section 74.351(b), except that an appeal may not be taken from an order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section 74.351(l);

(11) denies a motion to dismiss filed under Section 90.007; [or]

(12) denies a motion to dismiss filed under Section 27.003; or

(13) [~~(12)~~] denies a motion for summary judgment filed by an electric utility regarding liability in a suit subject to Section 75.0022.

SECTION 3.002. Section 51.014(b), Civil Practice and Remedies Code, as amended by Chapters 916 (H.B. 1366) and 1042 (H.B. 2935), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted to read as follows:

(b) An interlocutory appeal under Subsection (a), other than an appeal under Subsection (a)(4) or in a suit brought under the Family Code, stays the commencement of a trial in the trial court pending resolution of the appeal. An interlocutory appeal under Subsection (a)(3), (5), (8), or (12) also stays all other proceedings in the trial court pending resolution of that appeal.

ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE

SECTION 4.001. Articles 39.14(f) and (g), Code of Criminal Procedure, are amended to correct references to read as follows:

(f) The attorney representing the defendant, or an investigator, expert, consulting legal counsel, or agent for the attorney representing the defendant, may allow a defendant, witness, or prospective witness to view the information provided under this article, but may not allow that person to have copies of the information provided, other than a copy of the witness's own statement. Before allowing that person to view a document or the witness statement of another under this subsection, the person possessing the information shall redact the address, telephone number, driver's license number, social security number, date of birth, and any bank account or other identifying numbers contained in the document or witness statement. For purposes of this article [~~section~~], the defendant may not be the agent for the attorney representing the defendant.

(g) Nothing in this article [~~section~~] shall be interpreted to limit an attorney's ability to communicate regarding his or her case within the Texas Disciplinary Rules of Professional Conduct, except for the communication of information identifying any victim or witness, including name, except as provided in Subsections (e) and (f), address, telephone number, driver's license number, social security number, date of birth, and bank account information or any information that by reference would make it possible to identify a victim or a witness. Nothing in this subsection shall prohibit the disclosure of identifying information to an administrative, law enforcement, regulatory, or licensing agency for the purposes of making a good faith complaint.

SECTION 4.002. Article 56.02(a), Code of Criminal Procedure, as amended by Chapters 651 (H.B. 899) and 1345 (S.B. 1192), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:

(1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;

(2) the right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused;

(3) the right, if requested, to be informed:

(A) by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled prior to the event; and

(B) by an appellate court of decisions of the court, after the decisions are entered but before the decisions are made public;

(4) the right to be informed, when requested, by a peace officer concerning the defendant's right to bail and the procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process;

(5) the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender;

(6) the right to receive information regarding compensation to victims of crime as provided by Subchapter B, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment for a medical examination under Article 56.06 for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance;

(7) the right to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceedings concerning a defendant in the victim's case, to provide to the Board of Pardons and Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to this subchapter, and to be notified, if requested, of the defendant's release;

(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the offender and the offender's relatives and witnesses, before and during court proceedings;

(9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;

(10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause;

(11) the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice;

(12) the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system, to complete the victim impact statement, and to have the victim impact statement considered:

(A) by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted; and

(B) by the Board of Pardons and Paroles before an inmate is released on parole;

(13) for a victim of an assault or sexual assault who is younger than 17 years of age or whose case involves family violence, as defined by Section 71.004, Family Code, the right to have the court consider the impact on the victim of a continuance requested by the defendant; if requested by the attorney representing the state or by counsel for the defendant, the court shall state on the record the reason for granting or denying the continuance; and

(14) [~~(16)~~] if the offense is a capital felony, the right to:

(A) receive by mail from the court a written explanation of defense-initiated victim outreach if the court has authorized expenditures for a defense-initiated victim outreach specialist;

(B) not be contacted by the victim outreach specialist unless the victim, guardian, or relative has consented to the contact by providing a written notice to the court; and

(C) designate a victim service provider to receive all communications from a victim outreach specialist acting on behalf of any person.

SECTION 4.003. Article 56.02(c), Code of Criminal Procedure, as amended by Chapters 651 (H.B. 899) and 1345 (S.B. 1192), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted to read as follows:

(c) The office of the attorney representing the state, and the sheriff, police, and other law enforcement agencies shall ensure to the extent practicable that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted by this article and Article 56.021 and, on request, an explanation of those rights.

SECTION 4.004. Article 59.01(2), Code of Criminal Procedure, as amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(2) "Contraband" means property of any nature, including real, personal, tangible, or intangible, that is:

(A) used in the commission of:

(i) any first or second degree felony under the Penal Code;

(ii) any felony under Section 15.031(b), 20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or 35, Penal Code;

(iii) any felony under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes); or

(iv) any offense under Chapter 49, Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter;

(B) used or intended to be used in the commission of:

(i) any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);

(ii) any felony under Chapter 483, Health and Safety Code;

(iii) a felony under Chapter 151, Finance Code;

(iv) any felony under Chapter 34, Penal Code;

(v) a Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter;

(vi) any felony under Chapter 32, Human Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that involves the state Medicaid program;

(vii) a Class B misdemeanor under Chapter 522, Business & Commerce Code;

(viii) a Class A misdemeanor under Section 306.051, Business & Commerce Code;

(ix) any offense under Section 42.10, Penal Code;

(x) any offense under Section 46.06(a)(1) or 46.14, Penal Code;

(xi) any offense under Chapter 71, Penal Code;

(xii) any offense under Section 20.05, Penal Code; or

(xiii) [~~(xiv)~~] an offense under Section 326.002, Business & Commerce Code;

(C) the proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of this subdivision, or a crime of violence;

(D) acquired with proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of this subdivision, or a crime of violence;

(E) used to facilitate or intended to be used to facilitate the commission of a felony under Section 15.031 or 43.25, Penal Code; or

(F) used to facilitate or intended to be used to facilitate the commission of a felony under Section 20A.02 or Chapter 43, Penal Code.

ARTICLE 5. CHANGES RELATING TO EDUCATION CODE

SECTION 5.001. (a) Section 7.111(a), Education Code, as amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted to read as follows:

(a) The board shall provide for the administration of high school equivalency examinations.

(b) Section 7.111(a-1), Education Code, is amended to conform to the amendment of Section 7.111(a), Education Code, by Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular Session, 2013, to read as follows:

(a-1) A person who does not have a high school diploma may take the examination in accordance with rules adopted by the board if the person is:

(1) over 17 years of age;

(2) 16 years of age or older and:

(A) is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.), and its subsequent amendments;

(B) a public agency providing supervision of the person or having custody of the person under a court order recommends that the person take the examination; or

(3) required to take the examination under a court order.

SECTION 5.002. Section 25.007(b), Education Code, as amended by Chapters 688 (H.B. 2619) and 1354 (S.B. 1404), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(b) In recognition of the challenges faced by students in substitute care, the agency shall assist the transition of substitute care students from one school to another by:

(1) ensuring that school records for a student in substitute care are transferred to the student's new school not later than the 10th working day after the date the student begins enrollment at the school;

(2) developing systems to ease transition of a student in substitute care during the first two weeks of enrollment at a new school;

(3) developing procedures for awarding credit, including partial credit if appropriate, for course work, including electives, completed by a student in substitute care while enrolled at another school;

(4) promoting practices that facilitate access by a student in substitute care to extracurricular programs, summer programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost;

(5) establishing procedures to lessen the adverse impact of the movement of a student in substitute care to a new school;

(6) entering into a memorandum of understanding with the Department of Family and Protective Services regarding the exchange of information as appropriate to facilitate the transition of students in substitute care from one school to another;

(7) encouraging school districts and open-enrollment charter schools to provide services for a student in substitute care in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study;

(8) requiring school districts, campuses, and open-enrollment charter schools to accept a referral for special education services made for a student in substitute care by a school previously attended by the student;

(9) requiring school districts to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:

(A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;

(B) admission, review, and dismissal committee meetings;

(D) any disciplinary actions under Chapter 37 for which parental notice is required;

(E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;

(F) reports of restraint and seclusion required by Section 37.0021; and

(G) use of corporal punishment as provided by Section 37.0011; [~~and~~]

(10) developing procedures for allowing a student in substitute care who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;

(11) ensuring that a student in substitute care who is not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the district, has the student's course credit accrual and personal graduation plan reviewed; [~~and~~]

(12) ensuring that a student in substitute care who is in grade 11 or 12 be provided information regarding tuition and fee exemptions under Section 54.366 for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit; and

(13) [~~(10)~~] providing other assistance as identified by the agency.

SECTION 5.003. Section 39.0302(a), Education Code, is amended to correct a reference to read as follows:

(a) During an agency investigation or audit of a school district under Section 39.0301(e) or (f), an accreditation investigation under Section 39.057(a)(8) or (14) [~~(13)~~], or an investigation by the State Board for Educator Certification of an educator for an alleged violation of an assessment instrument security procedure established under Section 39.0301(a), the commissioner may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is located in this state.

SECTION 5.004. Section 39.057(a), Education Code, as amended by Chapters 211 (H.B. 5) and 509 (S.B. 123), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) The commissioner may authorize special accreditation investigations to be conducted:

(1) when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;

(2) when excessive numbers of allowable exemptions from the required state assessment instruments are determined;

(3) in response to complaints submitted to the agency with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;

(4) in response to established compliance reviews of the district's financial accounting practices and state and federal program requirements;

(5) when extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code;

(7) when excessive numbers of students in special education programs under Subchapter A, Chapter 29, are assessed through assessment instruments developed or adopted under Section 39.023(b);

(8) in response to an allegation regarding or an analysis using a statistical method result indicating a possible violation of an assessment instrument security procedure established under Section 39.0301, including for the purpose of investigating or auditing a school district under that section;

(9) when a significant pattern of decreased academic performance has developed as a result of the promotion in the preceding two school years of students who did not perform satisfactorily as determined by the commissioner under Section 39.0241(a) on assessment instruments administered under Section 39.023(a), (c), or (l);

(10) when excessive numbers of students eligible to enroll fail to complete an Algebra II course or any other advanced course as determined by the commissioner;

(11) when resource allocation practices as evaluated under Section 39.0821 indicate a potential for significant improvement in resource allocation;

(12) when a disproportionate number of students of a particular demographic group is graduating with a particular endorsement under Section 28.025(c-1);

(13) when an excessive number of students is graduating with a particular endorsement under Section 28.025(c-1);

(14) [~~(13)~~] in response to a complaint submitted to the agency with respect to alleged inaccurate data that is reported through the Public Education Information Management System (PEIMS) or through other reports required by state or federal law or rule or court order and that is used by the agency to make a determination relating to public school accountability, including accreditation, under this chapter; or

(15) [~~(14)~~] as the commissioner otherwise determines necessary.

SECTION 5.0045. Section 54.5191(a), Education Code, is amended to read as follows:

(a) The board of regents of the University of North Texas System may charge each student enrolled at the University of North Texas an intercollegiate athletics fee in an amount not to exceed $10 per semester credit hour for each semester or summer session unless the amount is increased as provided by Subsection (g).

SECTION 5.0046. Section 54.5381(a), Education Code, is amended to read as follows:

(a) The board of regents of the Texas State University System may impose an intercollegiate athletics fee on each student enrolled at a component institution of the Texas State University System, other than Texas State University, in an amount not to exceed:

(1) $8.75 per semester credit hour for each regular semester unless increased as provided by Subsection (d); and

(2) $4.50 per semester credit hour for each summer session unless increased as provided by Subsection (d).

SECTION 5.005. Section 58.001(a), Education Code, as amended by Chapter 65 (S.B. 120), Acts of the 83rd Legislature, Regular Session, 2013, is repealed to conform to the repeal of Section 58.001, Education Code, by Chapter 1155 (S.B. 215), Acts of the 83rd Legislature, Regular Session, 2013.

SECTION 5.006. (a) Section 61.0662, Education Code, as redesignated from Section 61.051(h), Education Code, and transferred and amended by Chapter 1155 (S.B. 215), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted to incorporate amendments to Section 61.051(h), Education Code, made by Chapter 507 (S.B. 67), Acts of the 83rd Legislature, Regular Session, 2013, and amended to read as follows:

Sec. 61.0662. INFORMATION ON RESEARCH CONDUCTED BY INSTITUTIONS. (a) The board shall maintain an inventory of all institutional and programmatic research activities being conducted by the various institutions of higher education, whether state-financed or not.

(b) Once a year, on dates prescribed by the board, each institution of higher education shall report to the board all research conducted at that institution during the preceding year. Each institution's report must include the amounts spent by the institution on human embryonic stem cell research and adult stem cell research during the year covered by the report and the source of the funding for that research.

(c) All reports required by this section shall be made subject to the limitations imposed by security regulations governing defense contracts for research.

(d) Not later than January 1 of each year, the board shall submit to the legislature information regarding human stem cell research obtained by the board from reports required by this section [~~subsection~~].

(b) Section 61.051(h), Education Code, as amended by Chapter 507 (S.B. 67), Acts of the 83rd Legislature, Regular Session, 2013, is repealed.

SECTION 5.007. Section 61.051(i), Education Code, as amended by Chapter 1312 (S.B. 59), Acts of the 83rd Legislature, Regular Session, 2013, is repealed to conform to the repeal of that subsection by Chapter 1155 (S.B. 215), Acts of the 83rd Legislature, Regular Session, 2013.

SECTION 5.008. Section 73.115(g), Education Code, as added by Chapter 1366 (S.B. 1604), Acts of the 83rd Legislature, Regular Session, 2013, is repealed as duplicative of Section 73.115(g), Education Code, as added by Chapter 1346 (S.B. 1195), Acts of the 83rd Legislature, Regular Session, 2013.

ARTICLE 6. CHANGES RELATING TO ELECTION CODE

SECTION 6.001. Section 143.003(b), Election Code, is repealed as executed.

SECTION 6.002. Section 171.024(b), Election Code, as amended by Chapters 1054 (H.B. 3102) and 1262 (H.B. 630), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(b) [~~The state executive committee shall adopt rules regarding how many members of the county executive committee constitute a quorum for the purpose of filling a vacancy.~~] A majority of the committee's membership must participate in filling a vacancy in the office of county chair. To be elected, a person must receive a favorable vote of a majority of the members voting.

ARTICLE 7. CHANGES RELATING TO FAMILY CODE

SECTION 7.001. Section 31.006, Family Code, is amended to correct a reference to read as follows:

Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.001(a)(10) [~~151.003(a)(10)~~], transfer to the minor whose disabilities are removed for general purposes.

SECTION 7.002. Section 58.00711, Family Code, as amended by Chapters 1257 (H.B. 528) and 1319 (S.B. 394), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

Sec. 58.00711. RECORDS RELATING TO CHILDREN CHARGED WITH, [OR] CONVICTED OF, OR RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY MISDEMEANORS. (a) This section applies only to a misdemeanor offense punishable by fine only, other than a traffic offense.

(b) Except as provided by Article 45.0217(b), Code of Criminal Procedure, all records and files and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a child who is charged with, is convicted of, is found not guilty of, had a charge dismissed for, [~~or who has received a dismissal after deferral of disposition for~~] or is granted deferred disposition for an offense described by Subsection (a) are confidential and may not be disclosed to the public.

SECTION 7.003. Section 58.204(b), Family Code, as amended by Chapters 871 (H.B. 694) and 1299 (H.B. 2862), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(b) On certification of records in a case under Section 58.203, the department may permit access to the information in the juvenile justice information system relating to the case of an individual only:

(1) by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code;

(2) for research purposes, by the Texas Juvenile Justice Department;

(3) by the person who is the subject of the records on an order from the juvenile court granting the petition filed by or on behalf of the person who is the subject of the records;

(4) with the permission of the juvenile court at the request of the person who is the subject of the records; [or]

(5) with the permission of the juvenile court, by a party to a civil suit if the person who is the subject of the records has put facts relating to the person's records at issue in the suit; or

(6) [~~(3)~~] with the written permission of the individual, by military personnel, including a recruiter, of this state or the United States if the individual is an applicant for enlistment in the armed forces.

SECTION 7.004. Section 264.121(a-1), Family Code, as amended by Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a-1) The department shall require a foster care provider to provide or assist youth who are age 14 or older in obtaining experiential life-skills training to improve their transition to independent living. Experiential life-skills training must be tailored to a youth's skills and abilities and must include training in practical activities that include grocery shopping, meal preparation and cooking, [~~and~~] performing basic household tasks, and, when appropriate, using public transportation.

SECTION 7.005. Section 264.121(f), Family Code, as amended by Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(f) The department shall require a person with whom the department contracts for transitional living services for foster youth to provide or assist youth in obtaining:

(1) housing services;

(2) job training and employment services;

(3) college preparation services;

(4) services that will assist youth in obtaining a general education development certificate;

(5) services that will assist youth in developing skills in food preparation;

(6) nutrition education that promotes healthy food choices; [~~and~~]

(7) [~~(5)~~] a savings or checking account if the youth is at least 18 years of age and has a source of income; and

(8) [~~(7)~~] any other appropriate transitional living service identified by the department.

ARTICLE 8. CHANGES RELATING TO FINANCE CODE

SECTION 8.001. Section 348.005, Finance Code, as amended by Chapters 355 (H.B. 2462), 1135 (H.B. 2741), and 1287 (H.B. 2202), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

Sec. 348.005. ITEMIZED CHARGE. An amount in a retail installment contract is an itemized charge if the amount is not included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and any additional registration fees charged by a deputy as authorized by rules adopted under Section 520.0071 [~~520.008~~], Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the sale or inspection of the motor vehicle; and

(4) charges authorized for insurance, service contracts, warranties, automobile club memberships, or a debt cancellation agreement by Subchapter C.

ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE

PART A. GENERAL CHANGES

SECTION 9.001. Section 411.081(d), Government Code, is amended to correct an error in punctuation to read as follows:

(d) Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), the person may petition the court that placed the defendant on deferred adjudication for an order of nondisclosure under this subsection. Except as provided by Subsection (e), a person may petition the court for an order of nondisclosure regardless of whether the person has been previously placed on deferred adjudication community supervision for another offense. After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication. A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies[,] for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court that placed the person on deferred adjudication for an order of nondisclosure only on or after:

(1) the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2);

(2) the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or

(3) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony.

SECTION 9.002. Section 411.081(i), Government Code, as amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(i) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under Subsection (d) to the following noncriminal justice agencies or entities only:

(1) the State Board for Educator Certification;

(2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;

(3) the Texas Medical Board;

(4) the Texas School for the Blind and Visually Impaired;

(5) the Board of Law Examiners;

(6) the State Bar of Texas;

(7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;

(8) the Texas School for the Deaf;

(9) the Department of Family and Protective Services;

(10) the Texas Juvenile Justice Department;

(11) the Department of Assistive and Rehabilitative Services;

(12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;

(13) the Texas Private Security Board;

(14) a municipal or volunteer fire department;

(15) the Texas Board of Nursing;

(16) a safe house providing shelter to children in harmful situations;

(17) a public or nonprofit hospital or hospital district, or a facility as defined by Section 250.001, Health and Safety Code;

(18) the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;

(19) the Texas State Board of Public Accountancy;

(20) the Texas Department of Licensing and Regulation;

(21) the Health and Human Services Commission;

(22) the Department of Aging and Disability Services;

(23) the Texas Education Agency;

(24) the Judicial Branch Certification Commission;

(25) a county clerk's office in relation to a proceeding for the appointment of a guardian under Title 3, Estates [~~Chapter XIII, Texas Probate~~] Code;

(26) the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to:

(A) the Department of Information Resources; or

(B) a contractor or subcontractor of the Department of Information Resources;

(27) the Texas Department of Insurance;

(28) the Teacher Retirement System of Texas; and

(29) [~~(30)~~] the Texas State Board of Pharmacy.

SECTION 9.003. Section 411.179(a), Government Code, as amended by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) The department by rule shall adopt the form of the license. A license must include:

(1) a number assigned to the license holder by the department;

(2) a statement of the period for which the license is effective;

(3) a color photograph of the license holder;

(4) the license holder's full name, date of birth, hair and eye color, height, weight, and signature;

(5) the license holder's residence address or, as provided by Subsection (d), the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or the license holder serves as a state judge;

(6) the number of a driver's license or an identification certificate issued to the license holder by the department; and

(7) [~~(8)~~] the designation "VETERAN" if required under Subsection (e).

SECTION 9.004. Section 411.185(a), Government Code, as amended by Chapters 156 (S.B. 864) and 1387 (H.B. 48), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted to read as follows:

(a) To renew a license, a license holder must, on or before the date the license expires, submit to the department by mail or, in accordance with the procedure adopted under Subsection (f), on the Internet:

(1) a renewal application on a form provided by the department;

(2) payment of a nonrefundable renewal fee as set by the department; and

(3) the informational form described by Subsection (c) signed or electronically acknowledged by the applicant.

SECTION 9.005. Section 411.188(a), Government Code, as amended by Chapters 156 (S.B. 864) and 1302 (H.B. 3142), Acts of the 83rd Legislature, Regular Session, 2013, is amended to conform to Chapter 1387 (H.B. 48), Acts of the 83rd Legislature, Regular Session, 2013, to read as follows:

(a) The director by rule shall establish minimum standards for handgun proficiency and shall develop a course to teach handgun proficiency and examinations to measure handgun proficiency. The course to teach handgun proficiency is required for each person who seeks to obtain [~~or renew~~] a license and must contain training sessions divided into two parts. One part of the course must be classroom instruction and the other part must be range instruction and an actual demonstration by the applicant of the applicant's ability to safely and proficiently use a handgun. An applicant must be able to demonstrate, at a minimum, the degree of proficiency that is required to effectively operate a handgun of .32 caliber or above. The department shall distribute the standards, course requirements, and examinations on request to any qualified handgun instructor.

SECTION 9.006. Section 411.188(j), Government Code, as amended by Chapter 156 (S.B. 864), Acts of the 83rd Legislature, Regular Session, 2013, is repealed to conform to the repeal of Section 411.188(j), Government Code, by Chapter 1387 (H.B. 48), Acts of the 83rd Legislature, Regular Session, 2013.

SECTION 9.007. Section 411.199(e), Government Code, as amended by Chapter 1302 (H.B. 3142), Acts of the 83rd Legislature, Regular Session, 2013, is repealed to conform to the repeal of Section 411.199(e), Government Code, by Chapter 1387 (H.B. 48), Acts of the 83rd Legislature, Regular Session, 2013.

SECTION 9.008. Section 552.1175(a), Government Code, as amended by Chapters 937 (H.B. 1632) and 1033 (H.B. 2733), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) This section applies only to:

(1) peace officers as defined by Article 2.12, Code of Criminal Procedure;

(2) county jailers as defined by Section 1701.001, Occupations Code;

(3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department;

(4) commissioned security officers as defined by Section 1702.002, Occupations Code;

(5) employees of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;

(6) officers and employees of a community supervision and corrections department established under Chapter 76 who perform a duty described by Section 76.004(b);

(7) criminal investigators of the United States as described by Article 2.122(a), Code of Criminal Procedure;

(8) police officers and inspectors of the United States Federal Protective Service;

(9) current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve law enforcement; [~~and~~]

(10) juvenile probation and detention officers certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;

(11) employees of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code; [~~and~~]

(12) current or former employees of the Texas Juvenile Justice Department or the predecessors in function of the department; and

(13) [~~(10)~~] federal judges and state judges as defined by Section 13.0021, Election Code.

SECTION 9.009. Section 772.0061(a)(2), Government Code, as amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to conform to changes made by Chapter 747 (S.B. 462), Acts of the 83rd Legislature, Regular Session, 2013, and Section 21.001 of this Act to read as follows:

(2) "Specialty court" means:

(A) a prostitution prevention program established under Chapter 126 or former law [~~Chapter 169A, Health and Safety Code~~];

(B) a family drug court program established under Chapter 122 or former law;

(D) [~~(C)~~] a veterans court program established under Chapter 124 or former law; and

(E) [~~(D)~~] a mental health court program established under Chapter 125 or former law.

SECTION 9.010. Section 2262.101, Government Code, as amended by Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

Sec. 2262.101. CREATION; DUTIES. (a) The Contract Advisory Team is created to assist state agencies in improving contract management practices by:

(1) reviewing and making recommendations on the solicitation documents and contract documents for contracts of state agencies that have a value of at least $10 million;

(2) reviewing any findings or recommendations made by the state auditor, including those made under Section 2262.052(b), regarding a state agency's compliance with the contract management guide;

(3) providing recommendations to the comptroller regarding:

(A) the development of the contract management guide; and

(B) the training under Section 2262.053;

(4) providing recommendations and assistance to state agency personnel throughout the contract management process;

(5) coordinating and consulting with the quality assurance team established under Section 2054.158 on all contracts relating to a major information resources project; [~~and~~]

(6) [~~(4)~~] developing and recommending policies and procedures to improve state agency contract management practices;

(7) [~~(5)~~] developing and recommending procedures to improve state agency contracting practices by including consideration for best value; and

(8) [~~(6)~~] creating and periodically performing a risk assessment to determine the appropriate level of management and oversight of contracts by state agencies.

(b) The risk assessment created and performed [~~reviewed~~] under Subsection (a)(8) [~~(a)(6)~~] must include[~~, but is not limited to~~] the following criteria:

(1) the amount of appropriations to the agency;

(2) total contract value as a percentage of appropriations to the agency; or

(3) the impact of the functions and duties of the state agency on the health, safety, and well-being of residents [~~citizens~~].

(c) The comptroller shall oversee the activities of the team, including ensuring that the team carries out its duties under Subsections [~~Subsection~~] (a)(5) and (a)(7).

(d) A state agency shall:

(1) comply with a recommendation made under Subsection (a)(1); or

(2) submit a written explanation regarding why the recommendation is not applicable to the contract under review.

(e) The team may review documents under Subsection (a)(1) only for compliance with contract management and best practices principles and may not make a recommendation regarding the purpose or subject of the contract.

(f) The team may develop an expedited process for reviewing solicitations under Subsection (a)(1) for contracts:

(1) that the team identifies as posing a low risk of loss to the state; or

(2) for which templates will be used more than once by a state agency.

SECTION 9.011. Sections 2306.5621(a)(10), (11), (12), (13), (14), and (15), Government Code, as added by Chapter 405 (S.B. 286), Acts of the 83rd Legislature, Regular Session, 2013, are repealed as duplicative of Sections 2306.5621(a)(11), (12), (13), (14), (15), and (16), Government Code, as added by Chapter 1219 (S.B. 1553), Acts of the 83rd Legislature, Regular Session, 2013.

SECTION 9.012. Section 2306.6719(e), Government Code, as added by Chapter 556 (S.B. 659), Acts of the 83rd Legislature, Regular Session, 2013, is repealed as duplicative of Section 2306.6719(e), Government Code, as added by Chapter 1079 (H.B. 3361), Acts of the 83rd Legislature, Regular Session, 2013.

PART B. UPDATE OF COURT FEES AND COSTS

SECTION 9.101. Section 51.709, Government Code, as added by Chapter 1246 (S.B. 1891), Acts of the 83rd Legislature, Regular Session, 2013, is redesignated as Section 51.710, Government Code.

SECTION 9.102. (a) Section 101.021, Government Code, is amended to read as follows:

Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT CODE. The clerk of the supreme court shall collect fees and costs as follows:

(1) application for petition for review (Sec. 51.005, Government Code) . . . $50;

(2) additional fee if application for petition for review is granted (Sec. 51.005, Government Code) . . . $75;

(3) motion for leave to file petition for writ of mandamus, prohibition, injunction, and other similar proceedings originating in the supreme court (Sec. 51.005, Government Code) . . . $50;

(4) additional fee if a motion under Subdivision (3) is granted (Sec. 51.005, Government Code) . . . $75;

(5) certified question from a federal court of appeals to the supreme court (Sec. 51.005, Government Code) . . . $75;

(6) case appealed to the supreme court from the district court by direct appeal (Sec. 51.005, Government Code) . . . $100;

(7) any other proceeding filed in the supreme court (Sec. 51.005, Government Code) . . . $75;

(8) administering an oath and giving a sealed certificate of the oath (Sec. 51.005, Government Code) . . . $5;

(9) making certain copies, including certificate and seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if more than 10 pages;

(10) any official service performed by the clerk for which a fee is not otherwise provided (Sec. 51.005, Government Code) . . . reasonable amount set by order or rule of supreme court;

(10-a) supreme court support account filing fee (Sec. 51.0051, Government Code) . . . amount set by the supreme court, not to exceed $50;

(11) issuance of attorney's license or certificate (Sec. 51.006, Government Code) . . . $10; [~~and~~]

(12) additional filing fee to fund civil legal services for the indigent (Sec. 51.941, Government Code) . . . $25; and

(13) statewide electronic filing system fund fee (Sec. 51.851, Government Code) . . . $20.

(b) Section 101.0211, Government Code, is repealed.

SECTION 9.103. (a) Section 101.041, Government Code, is amended to read as follows:

Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT CODE. The clerk of a court of appeals shall collect fees and costs as follows:

(1) for cases appealed to and filed in the court of appeals from the district and county courts within its court of appeals district (Sec. 51.207, Government Code) . . . $100;

(2) motion for leave to file petition for writ of mandamus, prohibition, injunction, and other similar proceedings originating in the court of appeals (Sec. 51.207, Government Code) . . . $50;

(3) additional fee if the motion under Subdivision (2) is granted (Sec. 51.207, Government Code) . . . $75;

(4) motion to file or to extend time to file record on appeal from district or county court (Sec. 51.207, Government Code) . . . $10;

(5) administering an oath and giving a sealed certificate of oath (Sec. 51.207, Government Code) . . . $5;

(6) certified copy of papers of record in court offices, including certificate and seal (Sec. 51.207, Government Code) . . . $5, or $1 per page if more than five pages;

(7) comparing any document with the original filed in the offices of the court for purposes of certification (Sec. 51.207, Government Code) . . . $5, or $1 per page if more than five pages;

(8) any official service performed by the clerk for which a fee is not otherwise provided (Sec. 51.207, Government Code) . . . a reasonable fee set by the order or rule of the supreme court;

(8-a) supreme court support account filing fee (Sec. 51.208, Government Code) . . . amount set by the supreme court, not to exceed $50; [~~and~~]

(9) additional filing fee to fund civil legal services for the indigent (Sec. 51.941, Government Code) . . . $25; and

(10) statewide electronic filing system fund fee (Sec. 51.851, Government Code) . . . $20.

(b) Section 101.0411, Government Code, is repealed.

SECTION 9.104. (a) Section 101.0611, Government Code, as amended by Section 1.03, Chapter 927 (H.B. 1513), Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as follows:

Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT CODE. The clerk of a district court shall collect fees and costs under the Government Code as follows:

(1) appellate judicial system filing fees for:

(A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5;

(B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5;

(E-1) Sixth Court of Appeals District (Sec. 22.2071, Government Code) . . . $5;

(E-2) Seventh Court of Appeals District (Sec. 22.2081, Government Code) . . . $5;

(E-3) Eighth Court of Appeals District (Sec. 22.2091, Government Code) . . . $5;

(F) Ninth Court of Appeals District (Sec. 22.2101, Government Code) . . . $5;

(G) Eleventh Court of Appeals District (Sec. 22.2121, Government Code) . . . $5;

(G-1) Twelfth Court of Appeals District (Sec. 22.2131, Government Code) . . . $5; and

(H) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5;

(2) when administering a case for the Rockwall County Court at Law (Sec. 25.2012, Government Code) . . . civil fees and court costs as if the case had been filed in district court;

(3) additional filing fees:

(A) for each suit filed for insurance contingency fund, if authorized by the county commissioners court (Sec. 51.302, Government Code) . . . not to exceed $5;

(B) to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15;

(B-1) to fund the improvement of Bexar County court facilities, if authorized by the county commissioners court (Sec. 51.706, Government Code) . . . not more than $15;

(C) to fund the improvement of Hays County court facilities, if authorized by the county commissioners court (Sec. 51.707, Government Code) . . . not more than $15; [~~and~~]

(D) to fund the preservation of court records (Sec. 51.708, Government Code) . . . not more than $10;

(E) to fund the construction, renovation, or improvement of Rockwall County court facilities, if authorized by the county commissioners court (Sec. 51.709, Government Code) . . . not more than $15; and

(F) to fund the construction, renovation, or improvement of Travis County court facilities, if authorized by the county commissioners court (Sec. 51.710, Government Code) . . . not more than $15;

(4) for filing a suit, including an appeal from an inferior court:

(A) for a suit with 10 or fewer plaintiffs (Sec. 51.317, Government Code) . . . $50;

(B) for a suit with at least 11 but not more than 25 plaintiffs (Sec. 51.317, Government Code) . . . $75;

(D) for a suit with at least 101 but not more than 500 plaintiffs (Sec. 51.317, Government Code) . . . $125;

(E) for a suit with at least 501 but not more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or

(F) for a suit with more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $200;

(5) for filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition (Sec. 51.317, Government Code) . . . $15;

(6) for issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed (Sec. 51.317, Government Code) . . . $8;

(7) for records management and preservation (Sec. 51.317, Government Code) . . . $10;

(7-a) for district court records archiving, if adopted by the county commissioners court (Sec. 51.317(b)(5), Government Code) . . . not more than $10;

(8) for issuing a subpoena, including one copy (Sec. 51.318, Government Code) . . . $8;

(9) for issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration not provided for in Section 51.317, or any other writ or process not otherwise provided for, including one copy if required by law (Sec. 51.318, Government Code) . . . $8;

(10) for searching files or records to locate a cause when the docket number is not provided (Sec. 51.318, Government Code) . . . $5;

(11) for searching files or records to ascertain the existence of an instrument or record in the district clerk's office (Sec. 51.318, Government Code) . . . $5;

(12) for abstracting a judgment (Sec. 51.318, Government Code) . . . $8;

(13) for approving a bond (Sec. 51.318, Government Code) . . . $4;

(14) for a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, for each page or part of a page (Sec. 51.318, Government Code) . . . not to exceed $1;

(15) for a noncertified copy, for each page or part of a page (Sec. 51.318, Government Code) . . . not to exceed $1;

(16) fee for performing a service:

(A) related to the matter of the estate of a deceased person (Sec. 51.319, Government Code) . . . the same fee allowed the county clerk for those services;

(B) related to the matter of a minor (Sec. 51.319, Government Code) . . . the same fee allowed the county clerk for the service;

(C) of serving process by certified or registered mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or constable is authorized to charge for the service under Section 118.131, Local Government Code; and

(D) prescribed or authorized by law but for which no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;

(17) jury fee (Sec. 51.604, Government Code) . . . $30;

(18) additional filing fee for family protection on filing a suit for dissolution of a marriage under Chapter 6, Family Code (Sec. 51.961, Government Code) . . . not to exceed $15; [~~and~~]

(19) at a hearing held by an associate judge appointed under Subchapter B, Chapter 54A, Government Code, a court cost to preserve the record, in the absence of a court reporter, by any means approved by the associate judge (Sec. 54A.110, Government Code) . . . as assessed by the referring court or associate judge; and

(20) statewide electronic filing system fund fee (Sec. 51.851, Government Code) . . . $20.

(b) Section 101.0611, Government Code, as amended by Section 2.03, Chapter 927 (H.B. 1513), Acts of the 83rd Legislature, Regular Session, 2013, effective September 1, 2019, is amended to read as follows: